ILNews

Judges define 'courthouse' for first time

Back to TopE-mailPrintBookmark and Share

In a case of first impression, the Indiana Court of Appeals had to decide if a courthouse means a particular building or may be any place that houses the trial courts. Their decision would impact a woman whose home was sold in a sheriff’s sale.

Claudette Gee’s home was ordered into a foreclosure sale in August 2009. During that time, three of Grant County’s four courts were relocated to temporary offices and a temporary courtroom because of repairs at the Grant County courthouse. The Grant County Sheriff’s department posted notice of the sheriff sales on a bulletin board located next to the door of the temporary courtroom. Notice of the sale involving Gee’s home wasn’t posted at the permanent courthouse.

Gee tried to get the sale set aside because she argued the sheriff’s office didn’t post notice of the sale “at the door of the courthouse” pursuant to Indiana Code Section 32-29-7-3(e). The trial court denied her motion to set aside and the Court of Appeals affirmed.

In Claudette Gee v. Green Tree Servicing LLC, No. 27A02-1003-MF-304, the judges, noting that “courthouse” isn’t defined in the statute in question, relied on the Black’s Law Dictionary definition to determine that a courthouse is the building where judges convene to adjudicate disputes and administer justice. Thus, the statute applies to the temporary location.

“Significantly, however, Gee does not argue that the sheriff was required to post notice at both the Complex and the permanent courthouse,” wrote Judge Edward Najam. “We therefore do not consider whether Section 32-29-7-3(e) requires the sheriff to post notice at all functioning courthouses or just at one courthouse.”
 

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. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  2. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  3. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  4. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

  5. There is a compromise to wearing socks that may cause discomfort to the foot, and it is from XOSOX. They are currently running a Kickstarter campaign and, typing "xosox" and "kickstarter" into your search engine will get you there. You can also find their Facebook page.

ADVERTISEMENT