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Opinions Dec. 5, 2013

December 5, 2013
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Indiana Court of Appeals
Katherine Ryan v. Larry Janovsky
45A03-1304-DR-145
Domestic relation. Reverses denial of Ryan’s petition for contempt and rule to show cause after Janovsky refused to sign a proposed qualified domestic relations order. The entry of a QDRO is not time-barred.

William Klepper, on behalf of himself and all others similarly situated v. Ace American Insurance Company
15A05-1212-CC-645
Civil collection. Affirms. Because the “voluntary payment” and “legally obligated to pay” provisions preclude coverage, the trial court properly entered partial judgment in favor of ACE on this issue. Regarding the entry of final judgment on all claims, because of the distinct legal theories at play, the entry of final judgment in favor of ACE on the class’s bad faith claim would be premature at the this stage of the proceedings. Judge Crone dissents in part.

Old National Bancorp d/b/a Old National Trust Company, as Trustee of the Percy E. Goodrich Trust and the Hanover College Trust v. Hanover College
68A05-1303-TR-111
Trust. Dismisses Old National’s appeals from the trial court’s orders terminating the two trusts. The trial court’s termination orders took effect immediately and Old National did not request a stay of those orders. Once the trusts terminated, Old National’s representative capacity was terminated and, along with it, any power or ability to act on behalf of the trusts. Therefore, Old National cannot maintain this appeal in its representative capacity.

Keimonte Jackson v. State of Indiana (NFP)
49A02-1304-CR-339
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Darryl L. Abron v. State of Indiana (NFP)
49A04-1301-PC-56
Post conviction. Affirms denial of petition for post-conviction relief.


The Indiana Supreme Court and Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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