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Opinions Aug. 20, 2014

August 20, 2014
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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
Robin Allman, et al. v. Kevin Smith, et al.
14-1792
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Stays the District Court proceedings against both the Anderson mayor and the city of Anderson. The court denied summary judgment in favor of Smith with respect to two plaintiffs’ claims that they were fired from their city jobs because of their political affiliations and refused to grant Smith’s request for stay pending appeal or the city’s motion for summary judgment and request for a stay. The doctrine of “pendent appellate jurisdiction” allows the city to appeal the denial of the stay.

Indiana Court of Appeals
Goodrich Quality Theaters, Inc. and Roncelli, Inc. v. Fostcorp Heating and Cooling, Inc., Wilson Iron Works, Inc., Johnson Carpet, Inc., d/b/a Johnson Commercial Interiors
64A03-1308-PL-318
Civil plenary. Affirms ruling in favor of Fostcorp Heating and Cooling and other appellees on various breach of contract claims and foreclosure of mechanic’s liens stemming from the construction of a movie theatre. Roncelli’s appeal was timely filed and the judgments are supported by the findings. It was an abuse of discretion for the trial court to award attorney fees, so reverses those fees in favor of the appellees.

Kindred Nursing Centers, d/b/a Royal Oaks Health Care and Rehabilitation Center v. The Estate of Carrie Etta McGoffney
84A04-1402-MI-56
Miscellaneous. Affirms denial of Royal Oak’s motion for summary judgment in a proposed medical malpractice complaint. The Journey’s Account Statute applies to revive the complaint.

Westport Homes, Inc. v. Greg Penley and Pam Penley (NFP)
30A01-1403-SC-120
Small claim. Reverses small claims judgment in favor of the Penleys over a breach of contract claim involving a refrigerator. Remands with instructions to enter judgment in favor of Westport.

David Johnson and Ieva S. Johnson and Eva G. Sanders and Joseph K. and Michelle Yeary v. Indiana Department of Environmental Management and Town of Whitestown (NFP)
06A05-1310-PL-506
Civil plenary. Affirms dismissal of the appellants’ petition for judicial review.

Larry Love v. State of Indiana (NFP)
49A04-1311-CR-553
Criminal. Affirms denial of motion to suppress.

Simone Smith v. State of Indiana (NFP)
49A02-1401-CR-21
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Jason G. Squier v. State of Indiana (NFP)
41A01-1311-CR-500
Criminal. Affirms conviction and sentence for Class C felony robbery.

Eric J. Smith v. State of Indiana (NFP)
02A03-1311-CR-449
Criminal. Affirms convictions of murder and Class B felony possession of a firearm by a serious violent felon.

Citi Capital Financial LLC v. Huntington National Bank (NFP)
29A02-1307-PL-643
Civil plenary. Affirms order granting partial summary judgment in favor of Huntington in a lien property dispute between it and Citi Capital.

In the Matter of the Termination of the Parent-Child Relationship of, A.C., Minor Child, and A.C., Father v. The Indiana Department of Child Services (NFP)
34A05-1402-JT-89
Juvenile. Affirms termination of father’s parental rights.

Brandon Brummett v. State of Indiana (NFP)
49A02-1304-CR-378
Criminal. Grants rehearing and affirms reversal of Brummett’s convictions for child molesting due to prosecutorial misconduct.

Rayshawn Winbush v. State of Indiana (NFP)
48A02-1401-PC-32
Post conviction. Affirms denial of amended petition for post-conviction relief.
 

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  1. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

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