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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. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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