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Opinions Dec. 16, 2013

December 16, 2013
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Indiana Court of Appeals
Avon Trails Homeowners Association, Inc. v. Kellie Homeier
32A01-1307-PL-312
Civil plenary. Reverses denial of a temporary injunction that would have allowed Avon Trails to enforce a restrictive covenant barring Homeier from parking a trailer on her lot or an adjacent lot. Remands to the trial court with orders to adopt settlement language the parties submitted as a joint motion to vacate findings and submission of agreed entry of judgment.

Michael S. McShurley v. State of Indiana (NFP)
79A02-1302-CR-163
Criminal. Affirms conviction and aggregate 18-year sentence for three counts of Class C felony child molesting.

David X. Finley and Diane M. Finley v. First Federal Savings Bank and Charleston Auctioneers, Inc. (NFP)
02A03-1302-PL-48
Civil plenary. Affirms summary judgment in favor of First Federal.

Indiana Supreme Court and Indiana Tax Court issued no opinions before IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions before IL deadline Monday.

 
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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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