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Opinions June 26, 2014

June 26, 2014
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The following opinions were posted after IL deadline Wednesday:
7th Circuit Court of Appeals
Chris Cabral and Nancy Tarsitano v. City of Evansville, Ind.; Appeal of: West Side Christian Church
13-2914
U.S. District Court, Southern District of Indiana, Evansville Division, Judge Sarah Evans Barker.
Civil. Dismisses West Side Church’s appeal of the court order that permanently enjoined the city from permitting the erection of the church’s crosses on the public riverfront. West Side does not have standing to bring the appeal because the court cannot redress any injury the church might have suffered because Evansville is not a party to this appeal and could prohibit the display’s erection regardless of any issue ordered.


Indiana Court of Appeals
First American Title Insurance Company v. Darrell Calhoun and Barbara Calhoun, Successors to Marcus Burgher III, for Issuance of Tax Deed
13A01-1304-MI-177
Miscellaneous. Affirms order denying the original intervenor/mortgage foreclosure judgment holder’s motion for summary judgment, in which it sought to set aside the tax deed issued to the tax sale purchaser and original petitioner, Burgher, for property he later quitclaim deeded to substitute petitioners, the Calhouns. There are questions of fact regarding the constitutional adequacy of the 4.6 Notice and regarding the balancing of the parties’ interests and regarding whether Burgher gave notice in a manner reasonably calculated to inform WM of the issuance of the tax deed.

Indiana Tax Court
Clark County, Indiana v. Indiana Department of Local Government Finance
39T10-1102-TA-9
Tax.  Affirms the DLGF’s final determination that denied Clark County’s petition for an excess property tax levy for the 2011 budget year. The county’s decision to not charge the maximum property tax levy that was allowed under statute for the 2008 year is not an “error in data” that the DLGF can later fix.

Thursday’s opinions

Indiana Court of Appeals
Traci Nelson v. Tony Nelson
41A01-1309-DR-424
Domestic relation. Affirms order denying Traci Nelson’s motion to relocate and modifying custody of her child in favor of father Tony Nelson. Finds mother’s reasons for relocation were legitimate and in good faith and that the conclusion that the Relocation Statute factors disfavored relocation and merited a change in custody to father was not clearly erroneous.

Terry Weisheit Rental Properties, LLC v. David Grace, LLC and Dance Central Academy, LLC

19A05-1310-PL-488
Civil plenary. Reverses judgment finding the existence of a prescriptive easement permitting Grace and the dance academy use of portions of land used by Weisheit for ingress and egress from Grace’s property. The trial court erred in construing the provision of the plaintiffs’ deed.

Lindsay Washmuth and Kristopher Washmuth v. Johnny Wiles and Amy Wiles
48A04-1310-SC-515
Small claims. Reverses judgment in favor of the tenants, Johnny and Amy Wiles. The small claims court erred when it determined that the Washmuths’ notice to the tenants was untimely. Remands for calculation of the amount of damages incurred by the landlords and the amount of security deposit, if any, that should be returned to the tenants.

James R. Sapp v. Flagstar Bank, FSB
49A02-1311-PL-935
Civil plenary. Affirms the trial court properly determined that FSB could issue a charge back to Sapp’s account in accordance with the agreement and Uniform Commercial Code. The trial court correctly found Sapp personally liable for the amount of the check that had been lost. Affirms the amount of attorney fees that the trial court awarded to FSB and remands to decide the amount of appellate attorney fees to which FSB may be entitled.

Rebecca Roberts v. State of Indiana (NFP)
03A01-1311-CR-498
Criminal. Affirms decision ordering Roberts to serve the entire previously suspended sentence following her probation violation.

Thomas Schultheis v. State of Indiana (NFP)
60A04-1311-CR-582
Criminal. Affirms conviction of Class D felony intimidation of a law enforcement officer.

E. Rodney Lewis Blair v. State of Indiana (NFP)
45A03-1311-CR-432
Criminal. Affirms denial of motion to withdraw guilty plea to Class B felony dealing in cocaine.

Desmond McGee v. State of Indiana (NFP)
49A05-1311-CR-555
Criminal. Affirms conviction of Class B misdemeanor battery.

Garry D. Jackson v. State of Indiana (NFP)
39A01-1310-CR-457
Criminal. Affirms conviction of Class A misdemeanor driving while intoxicated, finding Jackson is a habitual offender, and four-year prison sentence.

L.P. Richardson v. Eric Armstrong, Jonathon Postell, Tyrone Postell, Lambert Barnes (NFP)
49A02-1309-PL-826
Civil plenary. Affirms dismissal of Richardson’s complaint and award of attorney fees and court costs to Armstrong.

Shawn P. English v. State of Indiana (NFP)
02A03-1311-CR-457
Criminal. Affirms convictions of Class D felony resisting law enforcement and Class D felony battery.

Rick Whipple v. State of Indiana (NFP)
29A02-1312-CR-1000
Criminal. Affirms conviction of Class A misdemeanor possession of paraphernalia.

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

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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