ILNews

Justices accept 1 transfer case, deny 9

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court granted transfer to a divorce case last week and denied nine other cases during its weekly private conference.

An order list issued Monday by the Indiana appellate clerk’s office indicated that the justices voted to accept the case of Sean Thomas Ryan v. Dee Anna Ryan, No. 71S03-1111-DR-644.

The Indiana Court of Appeals issued a ruling in March, reversing a judgment made by St. Joseph Circuit Judge Michael G. Gotsch in the case involving a husband and wife who filed for divorce in 2008. The judge denied the husband’s motion for relief from judgment under Indiana Trial Rule 60(B)(8) and did not hold a hearing on pertinent evidence before ruling on the prices set for the sale of real estate listed in a settlement agreement. The appellate panel pointed out that the trial judge on remand doesn’t need to modify the agreement terms or the agreement to provide for relief, but he could issue an order providing for additional terms if the agreements are silent. That point came up in a prior appellate decision in Rothschild v. Devos, 757 N.E.2d 219, 224 (Ind. Ct. App. 2001).

The justices unanimously denied six cases: The Board of Commissioners in the County of Allen, Commissioner Linda K. Bloom, Commissioner William Brown, Commissioner F. Nelson Peters v. Northeastern Indiana Building Trades Council, Kent L. Prosser, Mark Jarrell, Gregory Stoller, and Michael Kinder & Sons, Inc.; State of Indiana v. Stephen Alter; Karl Driver v. State of Indiana; Anthony Scott v. Saundra L. Walden; Estate of Verna D. Carter v. Holly F. Szymczak; and First Consumer Credit, Inc. v. Sho-Pro of Indiana, Inc.

A majority of justices also denied three others: Save Our School; Elmhurst High School v. Fort Wayne Community Schools and Fort Wayne Community Schools Board of School Trustees, in which Justice Robert Rucker would have granted transfer; Gary Nelson II v. State of Indiana, in which Justice Steven David would have granted transfer; and Robbie J. Bex v. State of Indiana, in which both David and Rucker would have granted transfer.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. 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.

  4. 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???

  5. 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?

ADVERTISEMENT