High court hears FSSA appeal

The Alice Meyer Trust missed its extended court deadline to file the record concerning a Family & Social Services Administration (“FSSA”) decision that the trust was challenging in the trial court. Based on the missed deadline, the agency sought to dismiss the trust’s complaint, which the Ripley Circuit Court denied, allowing the Trust to file a belated record.  The FSSA appealed the denial of its motion to dismiss.  The Court of Appeals issued an opinion in which one judge voted to affirm, the second judge concurred in the result, and the third judge dissented.  The Indiana Supreme Court has granted a petition to transfer the case and assumed jurisdiction over the appeal. Vacated ruling below: Indiana Fam. & Soc. Serv. Admin. v. Meyer, 900 N.E.2d 74 (Ind. Ct. App. 2009).