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Opinions Oct. 15, 2013

October 15, 2013
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Indiana Court of Appeals
Judith (Lund) Pherson v. Michael Lund
52A04-1304-DR-180
Domestic relation. Affirms denial of Pherson’s motion to correct error, which challenged a post-dissolution order in response to a motion by Lund for clarification of a pension-fund provision of a property settlement agreement incorporated into a divorce decree. The pension contributions in the 18 ½ years since the dissolution were after-acquired property beyond the scope of the settlement agreement to divide.

Martha Ferguson, Anthony Schmitt, Rebecca Schmitt, Mary Meadows, et al. v. Berton O'Bryan
49A02-1211-CT-917
Civil tort. Reverses summary judgment in favor of attorney O’Bryan on a legal malpractice claim stemming from the preparation of a will. Concludes that regardless of whether O’Bryan saw the list that contained the plaintiffs’ names and items they would receive, he knew that Linder intended to benefit anyone named on the list; therefore, the relatives are known third-party beneficiaries for purposes of Walker v. Lawson and are thus entitled to bring a legal malpractice action against O’Bryan. Judge Friedlander dissents.

In Re The Marriage of Debra Ann Fioritto (Weber) v. Victor Lynn Weber (NFP)
20A03-1303-DR-73
Domestic relation. The trial court erred in concluding that the husband’s spousal maintenance payments should be included in calculations pursuant to the suspension clause. Remands with instructions for the trial court to alter its judgment because husband’s spousal maintenance obligation for the period from February of 2009 through January of 2010 is $10,775.13. Affirms denial of attorney fees to wife.

Aleesha Duensing, Erica Buzalski, Kristi Buzalski and Ray Buzalski v. Wendy Johnson and Kris A. Frazier (NFP)
71A05-1302-CC-69
Civil collection. Affirms summary judgment for Johnson and Frazier in a defamation and slander lawsuit and denies their request for appellate attorney fees.

In Re the Marriage of Jennifer Sausaman and Gregory Sausaman; Jennifer Hutchens (Sausaman) v. Gregory Sausaman (NFP)
43A03-1302-DR-43
Domestic relation. Affirms denial of Hutchens’ petition to modify child custody. Remands to the trial court the issue of the amount of attorney fees due to Sausaman.

William Beeler v. State of Indiana (NFP)
49A05-1209-PC-480
Post conviction. Affirms denial of petition for post-conviction relief.

In Re The Marriage of Patricia Sovinski and Patrick Sovinski; Patrick Sovinski v. Patricia Sovinski (NFP)
02A01-1303-DR-101
Domestic relation. Affirms order of educational support regarding son.

In Re the Paternity of S.P., W.V. v. R.P. (NFP)
18A02-1303-JP-251
Juvenile. Affirms denial of father’s motion to stay the provision of a child support withholding order pertaining to accrued arrearages.

Perfect North Slopes, Inc. v. Nicholas A. Searcy (NFP)
15A05-1305-CT-204
Civil tort. Affirms denial of Perfect North Slopes’ motion to set aside default judgment entered at the request of Searcy on his negligence lawsuit.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.

 

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  1. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  2. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  3. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

  4. I would like to discuss a commercial litigation case. If you handle such cases, respond for more details.

  5. Great analysis, Elizabeth. Thank you for demonstrating that abortion leads, in logic and acceptance of practice, directly to infanticide. Women of the world unite, you have only your offspring to lose!

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