Legal Opinion · Dissent

State Ex Rel. Medical Licensing Board v. Brady

Indiana Court of Appeals

Decided April 28, 1986No. 1-985A223Published

1Dissent

ROBERTSON, Presiding Judge,

dissent ing.

I respectfully dissent from the majority opinion.

It is only where a statute is ambiguous or more than one construction is possible that the reviewing court will construe that statute. Johnson v. LaPorte Bank & Trust Co., (1984) Ind.App., 470 N.E.2d 350. Where a statute is clear and unambiguous, the court on review has the duty to give effect to the plain meaning of that statute. Indiana Collectors v. Conrad, (1984) Ind.App., 466 N.E.2d 768. As applicable to the facts of this case the clear and unambiguous language of IND. CODE 25-22.5-1.-1(a)(1), in…

2Cases cited3 opinions

  1. Johnson v. La Porte Bank & Trust Co.Indiana Court of Appeals · 1984
  2. Indiana Collectors v. ConradIndiana Court of Appeals · 1984
  3. Begley v. BegleyIndiana Court of Appeals · 1982

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