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Opinions Feb. 12, 2014

February 12, 2014
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Indiana Supreme Court
In the Matter of S.D., Alleged to be a Child in Need of Services, J.B. v. Indiana Department of Child Services
49S05-1309-JC-585
Juvenile. Reverses adjudication that S.D. is a child in need of services. S.D. and her siblings were legitimately in need of services when DCS filed its petitions. But by the fact-finding hearing, mother had voluntarily addressed all but one of those concerns to the trial court’s satisfaction. In view of that judgment, the remaining evidence fails to show that mother was likely to need the court’s coercive intervention to complete that final item — and when that coercion is not necessary, the state may not intrude into a family’s life.

Indiana Court of Appeals
Country Contractors, Inc., Stephen Songer, and Jahn Songer v. A Westside Storage of Indianapolis, Inc.
32A01-1304-CC-155
Civil collection. Reverses judgment against the Songers personally for breach of contract and slander of title. The evidence doesn’t support piercing the corporate veil.  Affirms conclusion that Country Contractors slandered Westside Storage’s title as well as the award of attorney fees. When Country filed its lien claim, it had constructive notice that the subcontractors’ lien claim and the release of lien based on Westside’s direct payment to the subcontractors were on file in the county records. Since Country had constructive notice of the entries, its filing of an invalid lien claim constitutes evidence sufficient to support the finding it slandered Westside’s title. Reverses award of delay damages and remands for a recalculation of prejudgment interest.

The 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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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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