ILNews

Opinions Feb. 10, 2012

February 10, 2012
Keywords
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals had issued no Indiana opinions by IL deadline.

Indiana Court of Appeals

Commissioner of the Indiana Dept. of Insurance v. Tim Black, as Husband and Personal Rep. of Kay Black, Deceased
64A05-1104-CT-240
Civil tort. Reverses trial court’s denial of commissioner’s motion to dismiss but agrees with Black that because additional documentation had accompanied the commissioner’s motion, it should be treated as a motion for summary judgment, pursuant to Trial Rule 56. Holds that Black did not provide sufficient evidence of an agreement and a genuine issue of material fact exists. Remands for further proceedings.  

Westfield National Insurance Company v. Charlotte Nakoa, Warren E. Rigg, Steven L. Rigg, and Larry D. Rigg (NFP)
64A03-1108-PL-345
Civil plenary. Affirms trial court’s entry of summary judgment in favor of Nakoa, and on Nakoa’s cross-appeal holds that the trial court did not err in granting Westfield National’s motion to correct error by deducting $10,200 from the original judgment.  

Gregory J. Mills v. Dean Kimbley (NFP)
49A04-1105-CT-236
Civil tort. Affirms trial court’s denial of Mills’ contempt motion. On cross-appeal from Kimbley, reverses trial court’s determination that Kimbley was not entitled to attorney fees incurred while defending against the contempt action and remands to the trial court to calculate Kimbley’s attorney fees.

Robert O. Caruthers, Jr. v. State of Indiana (NFP)
10A01-1009-CR-514
Criminal. Affirms convictions of Class B felony dealing in cocaine, Class A felony dealing in cocaine, two counts of Class D felony possession of a controlled substance and Class C felony maintaining a common nuisance.

Indiana Tax Court and Indiana Supreme Court had issued 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