ILNews

COA to hear 4 cases; one at Plainfield High School

Michael W. Hoskins
January 1, 2007
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The Indiana Court of Appeals will hear arguments in four cases next week, including one on the road at Plainfield High School.

A three-judge panel will hear arguments Monday in Meridian Insurance v. Cha Cha, Inc., No. 53A01-0608-CV-352, which poses the question of whether the period for restoration of a business damaged by fire in an adjoining building should be decided by the courts or through the appraisal process.

The following day two panels will hear afternoon arguments - David Scholtman v. Taza Café, 49A05-0608-CV-475 and Terry Huber, et al. v. Danny W. Sering, et al., 54A01-0604-CV-162. The 1 p.m. arguments in Schlotman will be at Plainfield High School. The case addressed the issue of whether a carry-out restaurant, Gyro Joint, had a common-law duty to protect a patron - in this case one attacked while eating at an outdoor table at the establishment. Scholtman asserts that duty was breached in light of multiple criminal complaints against the establishment, while the eatery argued it did not have a duty and the injuries weren't foreseeable.

Following arguments in that case, panel judges Edward Najam, Melissa May, and Paul Mathias will answer questions about the judicial process.

In Huber, judges will consider at 1:30 p.m. whether forfeiture of a real estate contract is valid when a party has paid more than 20 percent of the purchase price.

Final arguments of the week are scheduled for Wednesday in Frank Nagy v. Evansville-Vanderburgh School Corp, No. 82A05-0609-CV-488. This argument is a sequel to a class action suit decided by the Indiana Supreme Court last year on the constitutionality of certain school fees to compensate the school district's budget. Justices decided a $20 fee charged by the district was unconstitutional. Now, the successful challengers are asking the court to determine whether they are "prevailing party" for purposes of being awarded attorney fees.
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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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