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Opinions Dec. 19, 2011

December 19, 2011
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7th Circuit Court of Appeals had issued no Indiana opinions at IL deadline.

Indiana Court of Appeals

Capitol Construction Services, Inc. v. Amy Gray, as Personal Rep. of the Estateof Clinton Gray and All One, Inc.
49A04-1005-CT-289
Civil tort. Affirms trial court’s grant of partial summary judgment in favor of Gray’s estate, holding that per terms of the contract, Capitol Construction was obligated to provide fall protection for all subcontractors.

Smith Barney v. StoneMor Operating LLC, et al.
41A04-1103-MF-96
Mortgage foreclosure. On petition for rehearing from Smith Barney, affirms original opinion in Smith Barney v. StoneMor Operating LLC, 953 N.E.2d 554 (Ind. Ct. App. 2011) and clarifies original analysis.

Adrian Hulse v. State of Indiana (NFP)
57A03-1105-CR-213
Criminal. Affirms conviction of battery.

City of Muncie v. Stanley Benford (NFP)
18A02-1011-MI-1281
Miscellaneous. Reverses trial court’s order awarding damages to Benford, holding the court lacked authority to enter the order.

Erie Ins. Exchange as Subrogee of Welch & Wilson Properties, LLC, d/b/a Hammons Storage and Allianz Global Risks U.S. Ins. Co. v. 500 Rangeline Rd., LLC and HSM Development, Inc. (NFP)
73A05-1104-PL-165
Civil plenary. Dismisses appeal from Erie, holding that the entry of partial summary judgment that  Erie appeals is neither a final judgment nor an appealable interlocutory order, and therefore the appeals court lacks subject matter jurisdiction to entertain Erie’s appeal.

Boyer Excavating Corp. v. Shook Construction and Ball State University Board of Trustees (NFP)
18A02-1007-PL-834
Civil plenary. Affirms trial court’s order in favor of Shook Construction and Ball State University Board of Trustees, concluding that the court did not err in applying the doctrine of promissory estoppel.

JPMorgan Chase Bank, N.A., s/b/m Bank One, N.A. v. Mike S. Forbing, Successor Trustee of the Jack D. Forbing Revocable Trust (NFP)
02A05-1107-MI-395
Miscellaneous. Affirms Allen Circuit Court’s denial of motion to set aside trial court’s order releasing surplus funds from the sale of real estate.

Magnolia Health Systems v. Review Board of the Indiana Dept. of Workforce Development and Emma J. Johnson (NFP)
93A02-1107-EX-586
Civil. Affirms decision from Indiana Department of Workforce Development Review Board in favor of Johnson.

Roger Ordonez v. State of Indiana (NFP)
49A02-1105-CR-380
Criminal. Affirms sentence for Class B felony failure to stop after operating while intoxicated causing serious bodily injury.
 
In the Matter of the Term. of the Parent-Child Rel. of J.B., D.G., and C.W.; and D.G. v. Indiana Dept. of Child Services (NFP)
79A04-1105-JT-347
Juvenile. Affirms termination of mother’s parental rights.

Indiana Tax Court and Indiana Supreme Court had posted no opinions at IL deadline.
 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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