ILNews

Opinions June 26, 2014

June 26, 2014
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. 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?

  4. 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

  5. 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.

ADVERTISEMENT