ILNews

Court didn't err in ordering cash bond

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The Indiana Court of Appeals affirmed a trial court’s order that the two beneficiaries of a piece of property who objected to the sale of the land must each pay a $100,000 cash bond. The case also gave the appellate court the opportunity to decide the standard of review in this type of challenge.

John Cox and Daphne Barger were among several beneficiaries named in Doris P. Jackson’s will to receive 120 acres. A coal company offered to buy the land for $1.4 million dollars and the six other beneficiaries wanted to sell the land to pay off the obligations of the estate. Cox and Barger objected.

Following Indiana Code Section 29-1-15-4, the trial court granted the personal representatives of the estate’s request that Cox and Barger post a bond to pay the estate’s obligations, which were estimated at around $124,000. Cox and Barger were ordered to each pay $100,000. They filed this interlocutory appeal.

The Estate of Doris P. Jackson, John Cox, et al. v. George R. Jackson, II, et al., No. 77A04-1005-ES-331, happened to be the first time the Court of Appeals determined the standard of review for the type of challenge raised by Cox and Barger. They argued the trial court erred by requiring more than three times the amount of cash bond than was necessary from the objecting beneficiaries and by requiring a cash bond instead of one with a surety.

The appellate court concluded that because I.C. Section 29-1-15-4 lets the trial court “approve” both the amount and form of the bond, the abuse of discretion standard is appropriate. They also found the trial court didn’t abuse its discretion by ordering the high amount in a cash bond. The bond must be sufficient to pay all the obligations of the estate, not just the objecting beneficiary’s proportionate share, wrote Judge Terry Crone.

Because the difference in value between the estate’s obligations and the “other property” in the estate is at least $100,000, the trial court’s setting the bond at $100,000 wasn’t an abuse of discretion.

The statute references sureties, but the appellate court has previously held that cash can qualify as a surety.

“We cannot conclude that a trial court abuses its discretion in ordering a cash bond simply because it might pose a hardship and be more expensive than another form of surety,” he wrote. “Because that is the full extent of Appellants’ argument on this issue, we find no abuse of discretion in this case.”

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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