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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Future generations will be amazed that we prosecuted people for possessing a harmless plant. The New York Times came out in favor of legalization in Saturday's edition of the newspaper.

  2. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  3. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  4. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  5. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

ADVERTISEMENT