Helpful Clarification on Interlocutory Appeals

For years, there has been some confusion as to whether, after the motions panel of the Court of Appeals grants an appellant’s request for a discretionary interlocutory appeal, the writing panel may later dismiss the appeal rather than deciding the claims on their merits. Earlier this week, the Supreme Court of Indiana clarified in Richard Means v. State that the writing panel could indeed do so. The Court reasoned that, just as any other court in Indiana has to ability to reconsider its own rulings while it still has jurisdiction over the matter, the Court of Appeals may do so as well.

The Supreme Court also clarified that orders in limine, even though they are tentative rulings, are still interlocutory orders that are eligible for a discretionary interlocutory appeal.