Published Order Dismissing Appeal - The Indiana Law Blog
Published Order Dismissing Appeal - The Indiana Law Blog
Published Order Dismissing Appeal - The Indiana Law Blog
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has invoked due process interests in making sure that it is legally obligated to comply<br />
with the subpoena, including appellate review. To be sure, allowing <strong>The</strong> Star to seek<br />
appellate review of the trial court's latest order slows down the litigation process initiated<br />
by the Millers. However, due process interests should trump concerns about expediting<br />
litigation.<br />
My view is that Trial Rule 54(B) and Berry apply to parties involved in the<br />
underlying litigation, no! to <strong>The</strong> Star. Another panel of this Court correctly saw <strong>The</strong> Star<br />
as a non-party seeking appellate review of a trial court's order. It seems unreasonable to<br />
expect a non-party to seek appellate review using a Trial Rule designed for parties (<strong>The</strong><br />
Star is not raising a claim for relief under Trial Rule 54(B) and is not a party to the<br />
litigation). Preventing <strong>The</strong> Star from seeking appellate review of a new court order<br />
'seems to change the rules of the road. For these reasons, I would respectfully submit that<br />
we have jurisdiction to hear the appeal.<br />
20
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