Opinion
29S05-1209-CT-557
01-02-2013
Anthony WADE, Appellant, v. TEREX-TELELECT, INC., Appellee.
Editorial Note:
UNPUBLISHED
ORDER
Brent E. Dickson Chief Justice of Indiana.
Oral argument is set in this appeal for January 3, 2013. On December 27, 2012, the appellee, Terex-Teleleet, Inc., filed "Appellee's Motion To Prevent Use of Oversized Exhibits at Oral Argument." On December 31, 2012, the Court issued an order granting that motion and directing the parties not to bring any physical exhibits to the oral argument.
After the issuance of that order, the appellant, Anthony Wade, filed his "Appellant's Response to Motion to Prevent Use of Oversized Exhibits." Pursuant to Appellate Rule 34(B), "A response filed after ruling on the motion will automatically be treated as a motion to reconsider[.]"
After further consideration, including review of the appellant's response, which the Court treats as a motion to reconsider, the Court GRANTS reconsideration and DENIES "Appellee's Motion To Prevent Use of Oversized Exhibits at Oral Argument." The Court makes this ruling out of deference to the allegation made in the appellant's response that a complete understanding of the inter-relationship between the exhibits is "absolutely critical to resolution of the specific legal issues before this Court." (Response, p. 2.)
The parties may use physical exhibits during oral argument, consistent with Appellate Rule 53(F), so long as their set-up and removal does not interfere with the other oral arguments being heard on January 3, 2013.
The Clerk is directed to send a copy of this order to counsel of record.
Done at Indianapolis, Indiana.