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STATE v. HOGAN

No. 29S02-9112-CV-1002.

582 N.E.2d 824 (1991)

STATE of Indiana and Indiana Department of Highways, Appellant (Defendants below), v. Francis J. HOGAN, Rebecca L. Hogan, Francis Hogan II, and Francis J. Hogan, Administrator of the Estate of Patrick J. Hogan, Deceased, Appellee (Plaintiffs below).

Supreme Court of Indiana.

December 19, 1991.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., G. Richard Potter, Office of Atty. Gen., Indianapolis, for appellant.

Richard S. Ewing, William J. Hamilton, William N. Ivers, Stewart & Irwin, Indianapolis, for appellee.

SHEPARD, Chief Justice.

Is a trial court's order to compel production of documents during discovery appealable as of right under Ind. Appellate Rule 4(B)(1)? We hold that it is appealable only under Appellate Rule 4(B)(6), if the trial court certifies it for interlocutory appeal and the court on appeal decides to accept the appeal.

Appellees Francis J. Hogan, Rebecca L. Hogan, and Francis Hogan, II have filed a wrongful death and personal injury claim against...

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