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Opinions May 8, 2014

May 8, 2014
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Indiana Court of Appeals
Belinda Douglas v. Neil Spicer and L.S.
32A01-1309-JP-403
Juvenile. Affirms order that Spicer pay $6,600 in back child support. The trial court did not err when it determined that father’s court-ordered child support obligation terminated after 33 weeks in October 2005.

Don Morris v. Biosafe Engineering, LLC
32A04-1306-PL-321
Civil plenary. Affirms summary judgment for BioSafe Engineering. Morris unambiguously abandoned his shareholder derivative claim against BioSafe, therefore, he was stopped from asserting a claim he had abandoned.

In re the Paternity of D.M.: J.W. v. C.M.
10A01-1306-JP-253
Juvenile.  Reverses denial of J.W.’s motion to dismiss the state’s verified petition for the establishment of paternity alleging he was the father of C.M.’s stillborn child. The state had no authority to bring this action and the trial court erred in allowing it to proceed.

In the Matter of: A.P. (Minor Child), Child in Need of Services and J.H. (Father) v. The Indiana Department of Child Services (NFP)
49A02-1309-JC-785
Juvenile.  Affirms adjudication that A.P. is a child in need of services.

Michael Seacat v. Goodrich Corporation (NFP)
93A02-1310-EX-910
Agency action. Affirms denial of application for workers’ compensation benefits.

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. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  2. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

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