Gleason v. Real Estate Commission ex rel. Lewis, 2--972A61
| Citation | 300 N.E.2d 116, 157 Ind.App. 344 |
| Case Date | August 21, 1973 |
| Court | Court of Appeals of Indiana |
Page 116
v.
REAL ESTATE COMMISSION, State of Indiana, in relation to
Ralph M. LEWIS, et al.
[157 Ind.App. 345] Charles S. Gleason, Gleason, Woods & Johnson, Indianapolis, for appellant.
Theodore L. Sendak, Atty. Gen., Mark Peden, Deputy Atty. Gen., Indianapolis, for appellees.
SHARP, Justice. *
This case was commenced when the Appellant filed on May 20, 1969 a formal complaint with the Real Estate Commission, State of Indiana, alleging professional misconduct by Ralph M. Lewis, a real estate broker licensed by said commission. On April 27, 1972 Appellant was notified by the Executive Secretary of said commission that said complaint was on that day dismissed. On May 12, 1972 Appellant filed in the trial court a verified Petition for Review of Administrative Determination. On May 30, 1972 the commission filed its motion to dismiss said petition in the trial court. On June 9, 1972 the trial court dismissed said petition for failure to certify a copy of the transcript of proceedings before said commission or to request an extension of time therefor within 15 days of the filing of said petition for review. This appeal is taken from that dismissal.
These proceedings in judicial review from a decision of the Real Estate Commission are governed by the Administrative Adjudication and Court Review Act,
Page 117
particularly IC 1971, 4--22--1--14 as found in Ind.Ann.Stat. § 63--3014 (Burns 1961 Repl.):'Any party or person so filing such verified petition for review with such court shall within fifteen (15) days thereafter secure from such agency a certified copy of the transcript of said proceedings before the agency including the order or administrative adjudication sought to be reviewed and file the same with the clerk of such court in which such action for review is pending. An extension of time in which to file such transcript shall be granted by said court in which such action for review is pending for good cause [157 Ind.App. 346] shown. Inability to obtain such transcript within time shall be good cause. Failure to file such transcript within said period of fifteen (15) days, or to secure an extension of time therefor, shall be cause for the dismissal of such petition for review by the court or on petition of any party of record to the original proceedings.'
It should be noted that no...
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City of Marion v. Antrobus, 2-582A143
...law. See e.g., Indiana State Personnel Board v. Parkman, (1969) 252 Ind. 44, 245 N.E.2d 153; Gleason v. Real Estate Commission, (1973) 157 Ind.App. 344, 300 N.E.2d 116. However, the jurisdictional defect involved in the present case--failure to post bond--does not involve subject matter jur......
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Indiana Civil Rights Com'n v. City of Muncie, 2-1082A350
...134 N.E.2d 556; Ind. Civil Rights Comm. v. Int'l. Union, (1979) 179 Ind.App. 407, 385 N.E.2d 1176; Gleason v. Real Estate Comm., (1973) 157 Ind.App. 344, 300 N.E.2d ICRC now attacks the jurisdiction of the Delaware Superior Court on several different grounds. First, ICRC alleges that the Pe......
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Shipshewana Convenience Corp. v. Board of Zoning Appeals of LaGrange County, 44
...v. Board of Medical Registration and Examination (1956), 235 Ind. 572, 577, 134 N.E.2d 556, 560; Gleason v. Real Estate Comm. (1973), 157 Ind.App. 344, 300 N.E.2d 116; discrimination based on sex, Indiana Civil Rights Comm. v. United Automobile, Aerospace and Agricultural Implement Workers ......
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Drake v. Indiana Dept. of Natural Resources, 1-183A2
...of review jurisdiction by a trial court, over an administrative determination. Gleason v. Real Estate Commission ex rel. Lewis, (1973) 157 Ind.App. 344, 300 N.E.2d Drake argues that compliance with these statutory requirements was waived because Agency did not provide him with notice of its......
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City of Marion v. Antrobus, 2-582A143
...law. See e.g., Indiana State Personnel Board v. Parkman, (1969) 252 Ind. 44, 245 N.E.2d 153; Gleason v. Real Estate Commission, (1973) 157 Ind.App. 344, 300 N.E.2d 116. However, the jurisdictional defect involved in the present case--failure to post bond--does not involve subject matter jur......
-
Indiana Civil Rights Com'n v. City of Muncie, 2-1082A350
...134 N.E.2d 556; Ind. Civil Rights Comm. v. Int'l. Union, (1979) 179 Ind.App. 407, 385 N.E.2d 1176; Gleason v. Real Estate Comm., (1973) 157 Ind.App. 344, 300 N.E.2d ICRC now attacks the jurisdiction of the Delaware Superior Court on several different grounds. First, ICRC alleges that the Pe......
-
Shipshewana Convenience Corp. v. Board of Zoning Appeals of LaGrange County, 44
...v. Board of Medical Registration and Examination (1956), 235 Ind. 572, 577, 134 N.E.2d 556, 560; Gleason v. Real Estate Comm. (1973), 157 Ind.App. 344, 300 N.E.2d 116; discrimination based on sex, Indiana Civil Rights Comm. v. United Automobile, Aerospace and Agricultural Implement Workers ......
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Drake v. Indiana Dept. of Natural Resources, 1-183A2
...of review jurisdiction by a trial court, over an administrative determination. Gleason v. Real Estate Commission ex rel. Lewis, (1973) 157 Ind.App. 344, 300 N.E.2d Drake argues that compliance with these statutory requirements was waived because Agency did not provide him with notice of its......