The Alice Meyer Trust petitioned for judicial review from a decision of the Family & Social Services Administration ("FSSA"). After the Trust failed to transmit the agency record by the extended deadline established by the Ripley Circuit Court, the FSSA moved to dismiss the petition. The court denied the motion to dismiss, granted the Trust's motion to file a belated record, and ruled on the petition for review. 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. Indiana Fam. & Soc. Serv. Admin. v. Meyer, 900 N.E.2d 74 (Ind. Ct. App. 2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
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