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Opinions Feb. 23, 2011

February 23, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Debra K. Sands v. Helen HCI, LLC
06A01-1005-CC-231
Civil collections. Reverses denial of Sands’ motion to enforce a settlement agreement between herself, Helen HCI LLC and two other companies, providing for dismissal with prejudice of Helen HCI’s complaint against Sands in Indiana and dismissal with prejudice of Sands’ complaint against Helen HCI and the other companies in a Wisconsin suit. The parties entered into a binding contract which required the subsequent execution of a document memorializing their agreement and there is no uncertainty as to any substantial term of the settlement contract.

Sutton Funding, LLC v. Janusz Jaworski, First Midwest, et al./First Midwest Bank v. Sutton Funding
49A02-1006-MF-709
Mortgage foreclosure. Reverses summary judgment for First Midwest Bank and Janusz Jaworski in its complaint to foreclose on the 2004 mortgage and its assertion that it was in first lien position on the property. Sutton Funding also filed a complaint to foreclose against Jaworski and First Midwest on the 2007 mortgage, which it had financed on the same property, and note. Indiana Code Section 32-29-6-13 requires Sutton Funding be provided with a release of the mortgage at issue and that summary judgment be granted in its favor.  

Steven E. Coates v. Heat Wagons, Inc., et al.
64A03-1004-PL-232
Civil plenary. Affirms grant of a preliminary injunction against Coates and in favor of Heat Wagons and Manufacturers Products (MPI). The trial court did not err in determining that MPI faced a risk of irreparable harm and lacked adequate remedy at law as a result of any breach by Coates of the covenant not to compete. It also did not err in determining that MPI has a reasonable likelihood of success on the merits of its case. Reverses part of order enjoining any use by Coates of the Web address www.heatersandparts.com and the red “H&P” logo because restrictions are overly broad. Judge James Kirsch dissents.

Ronald A. Steenbeke v. State of Indiana (NFP)
20A03-1006-CR-344
Criminal. Affirms convictions of Class A misdemeanor operating a vehicle while intoxicated and Class B misdemeanor failure to stop after damage to property other than a vehicle.

Roy Kresel v. State of Indiana (NFP)
52A02-1010-CR-1190
Criminal. Affirms sentence following guilty plea to Class B felony aggravated battery.

Dorris Merriweather, III v. State of Indiana (NFP)
02A05-1008-CR-514
Criminal. Affirms sentence following guilty plea to one count of Class A felony attempted murder and two counts of Class A felony child molesting.

Michael S. Polites v. State of Indiana (NFP)
68A01-1004-CR-150
Criminal. Affirms partial denial of Polites’ motion to suppress.

State of Indiana v. Jason Patton (NFP)
66A03-1008-CR-476
Criminal. Reverses grant of Patton’s motion for discharge and remands for further proceedings.

Oscar Delatorre v. State of Indiana (NFP)
49A04-1008-CR-471
Criminal. Affirms conviction of Class B felony robbery.

Robert Beeler v. State of Indiana (NFP)
49A04-1007-CR-456
Criminal. Affirms conviction of Class D felony intimidation.

Daniel W. Myers v. State of Indiana (NFP)
52A05-1007-CR-540
Criminal. Affirms sentence following guilty plea to Class D felony operating a motor vehicle as a habitual traffic violator and Class D felony invasion of privacy.

M.C. v. State of Indiana (NFP)
49A02-1007-JV-843
Juvenile. Affirms determination that M.C. committed what would be Class B felony robbery if committed by an adult.

Billy James Huff, Jr. v. State of Indiana (NFP)
16A05-1010-CR-659
Criminal. Revises Huff’s sentence following guilty plea to Class D felonies possession of methamphetamine and possession of paraphernalia. Remands for his two-year sentences to be served consecutively.

William Smith v. Arbor Woods Apartments (NFP)
25A03-1005-CT-262
Civil tort. Reverses summary judgment for Arbor Woods Apartments in Smith’s suit after he fell on ice in front of his apartment. Remands for further proceedings. Judge Brown dissents.

James C. Gaskill v. State of Indiana (NFP)
86A03-1008-CR-563
Criminal. Affirms sentence following guilty plea to Class B felony aggravated battery.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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