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High court takes 4 cases

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The Indiana Supreme Court has accepted four cases on transfer, including one in which they released an opinion on the matter the same day they granted transfer.

On Feb. 8, the justices took Mariea L. Best v. Russell C. Best, No. 06S05-1102-CV-73 and released an opinion upholding modification of physical custody of their daughter to Russell Best.

On February 10, they granted transfer to three more cases – Misty D. Davis v. Animal Control – City of Evansville, et al., No. 82S01-1102-CV-77; Mary Beth & Perry Lucas v. U.S. Bank N.A., et al., No. 28S01-1102-CV-78; and Rod L. Avery, et al. v. Trina Avery, No. 49S05-1102-PL-76.

In Davis, the Indiana Court of Appeals reversed in a not-for-publication opinion summary judgment for the city defendants in this action following injuries Shawn Davis received from a dog bite. At issue was whether the defendants had immunity from this claim. The majority ruled no, and Judge Kirsch dissented, holding the underlying action falls within the immunity set forth in Indiana Code Section 34-13-3-3(8).

In Lucas, the Court of Appeals held on interlocutory appeal that the Lucases, whose home was being foreclosed on, are entitled to a jury trial on their legal claims against their mortgage holder and loan servicer. The judges relied on Songer v. Civitas Bank, 771 N.E.2d 61, 63 (Ind. 2002), to find they are entitled to a jury trial on their claims of conversion and deception, alleged violations of the Real Estate Settlement and Procedures Act, and other state and federal statutory law and state common law claims.

In Avery, the appellate judges addressed an issue of first impression and held that a will contest is a civil action and a defendant in this type of action is required to file an answer or plead to a complaint as provided by the state’s trial rules.

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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