Preview:

FOR PUBLICATION

ATTORNEYS FOR APPELLANT: GREGORY F. ZOELLER Attorney General of Indiana FRANCES H. BARROW Deputy Attorney General Indianapolis, Indiana

ATTORNEY FOR APPELLEE: DOUGLAS R. DENMURE Aurora, Indiana

FILED
Jan 30 2009, 9:27 am
of the supreme court, court of appeals and tax court

CLERK

IN THE COURT OF APPEALS OF INDIANA
INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, Appellant-Respondent, vs. ALICE V. MEYER, Now Deceased, DIANNE M. RYNN, TRUSTEE OF THE ALICE V. MEYER TRUST DATED DECEMBER 19, 2001, Appellee-Petitioner. ) ) ) ) ) ) ) ) ) ) ) ) )

No. 69A01-0807-CV-358

APPEAL FROM THE RIPLEY CIRCUIT COURT The Honorable Carl H. Taul, Judge Cause No. 69C01-0612-MI-14

January 30, 2009

OPINION - FOR PUBLICATION

BAILEY, Judge

Case Summary Alice V. Meyer ("Meyer") sought Medicaid benefits, but was penalized because of a recently-preceding property transaction. After Meyers death, Dianne Rynn, Trustee of the Alice V. Meyer Trust ("the Trust"), petitioned for judicial review of a final agency action by the Indiana Family and Social Services Administration ("the FSSA"). The FSSA moved to dismiss the petition for lack of jurisdiction. The trial court denied the motion to dismiss and corrected error in the Administrative Law Judge ("ALJ") order by adjusting the basis of a mathematical computation for penalty purposes. We affirm. Issue The FSSA presents the sole issue of whether the trial court was divested of jurisdiction to address the Trusts petition for judicial review because the Trust did not timely file the agency record or seek an additional extension of time in which to do so. We restate the issue as: whether the trial court had discretion to respond to procedural error by granting a belated extension of time. Facts and Procedural History In November of 2001, Meyer, then aged seventy-six, established the Trust. She conveyed a remainder interest in her farm to the Trust and retained a life estate. On September 22, 2004, Meyer applied to the Ripley County Office

Download Indiana Family and Social Services Administration v. Alice V. Meyer.pdf

Indiana Law