ILNews

Opinions Aug. 17, 2011

August 17, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals
Lisa Hicks v. Avery Drei, LLC and Chance Felling
10-2744
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
Civil. Affirms grant of Avery Drei and Felling’s motion for judgment as a matter of law on Hicks’ vacation pay claim and a portion of their similar motion on her overtime pay claim. Evidence shows that Hicks and Felling had an agreement that Hicks would not earn vacation pay until after being employed for one year; her employment ended before she reached her one-year anniversary. The District Court did not abuse its discretion in denying Hicks’ motion in limine. Affirms in all other respects.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Amy Gulbranson v. State of Indiana
71A05-1103-CR-120
Criminal. Affirms conviction of Class C felony assisting a criminal. Gulbranson’s reliance on authority interpreting prior versions of Ind. Code 35-44-3-2 is misplaced.

C.S. v. State of Indiana
67A01-1101-JS-19
Juvenile. Reverses adjudication as a delinquent child for violating the compulsory school attendance law, a status offense. There was insufficient evidence that C.S. is in need of care, treatment, or rehabilitation, which is a required element in order to be adjudicated.

Randall Thomas Ford v. Debra Ann Ford
07A01-1012-DR-601
Domestic relation. Affirms the trial court’s conclusion that Randall Ford’s employer-funded health benefit account constitutes a marital asset subject to division, but reverses the judgment regarding valuation of the account. Although there are possibilities that might impact the valuation of the account, they do not alter the fact that that Randall does have an immediately existing right to present enjoyment of the account. Remands with instructions to conduct a hearing at which the value of the account as a divisible marital asset may be determined.

Outboard Boating Club of Evansville, Inc., et al. v. Indiana State Dept. of Health
82A01-1102-PL-52
Civil plenary. Affirms grant of the health department’s motion to dismiss the boating clubs’ action for declaratory judgment that the health department had no jurisdiction to regulate the clubs’ facilities. The trial court lacked subject matter jurisdiction due to the clubs’ failure to exhaust administrative remedies.

Joshua Farmer v. State of Indiana (NFP)
89A01-1012-CR-656
Criminal. Affirms conviction of Class D felony possession of a narcotic drug.

Tat-Yik Jarvis Ka and Amanda Beth Ka v. City of Indianapolis (NFP)

49A02-1103-CT-188
Civil tort. Affirms summary judgment for the City of Indianapolis on the Kas’ suit for negligence, negligent infliction of emotional distress, trespass and nuisance after sewage from a city pipe backed up into their home.

Thomas Hopkins v. State of Indiana (NFP)

48A04-1101-CR-13
Criminal. Affirms revocation of probation.

David G. Carmichael v. Candace (Carmichael) Ballard (NFP)
52A05-1012-DR-770
Domestic relation. Affirms denial of Carmichael’s motion for relief from judgment.

Kevin R. Franklin v. State of Indiana (NFP)
02A03-1012-CR-651
Criminal. Affirms convictions of murder, Class C felony carrying a handgun without a license, and Class D felony criminal recklessness.

N.D. v. T.D. (NFP)
71A03-1011-DR-648
Domestic relation. Affirms trial court’s ruling regarding custody, provisional child support, tax exemption, attorney fees, and bias. Remands for further consideration regarding the father’s pension.

Base Alston-Butler v. State of Indiana (NFP)
49A02-1101-CR-55
Criminal. Affirms convictions of four counts of Class B felony robbery.

Beverly Jinkins v. Jet Credit Union (NFP)
49A02-1006-PL-666
Civil plenary. Affirms partial summary judgment for Jet Credit Union on Jinkins’ counterclaims alleging breach of contract and various tort claims. Affirms grant of Jet’s motion to strike Jinkins’ untimely response.

Term. of Parent-Child Rel. of: S.C., et al.; D.C. v. I.D.C.S. (NFP)
79A02-1102-JT-203
Juvenile. Affirms termination of parental rights.

Frontier Insurance Co. and Midwest Bonding, Inc. v. State of Indiana (NFP)
20A04-1102-CR-89
Criminal. Reverses denial of motion to correct error challenging an order for forfeiture of a bond and the imposition of late surrender fees.

Indiana Tax Court had posted no opinions at IL deadline.

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

ADVERTISEMENT