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Opinions July 23, 2013

July 23, 2013
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Indiana Court of Appeals
Gared Holdings, LLC v. Best Bolt Products, Inc.
49A02-1210-PL-811
Civil plenary.  Affirms the trial court’s judgment on Gared’s claims of breach of contract and breach of the implied warranty of fitness for a particular purpose as those claims are supported by the evidence. The trial court erred in ruling that Best Bolt was not a merchant. Remands for the trial court to determine whether Best Bolt breached the implied warranty of merchantability, and if so, whether that alters the result of Best Bolt’s counterclaim. Chief Judge Robb concurs in separate opinion and dissents in part.

Kevin C. Stone v. Jennifer M. Stone
49A02-1210-DR-820
Domestic relation. The trial court did not err in refusing to approve the parties’ settlement agreement regarding child custody without receiving evidence regarding whether the agreement was in M.S.’s best interests, nor did it err in allowing mother to present evidence and argue that it was not in M.S.’s best interests. The trial court abused its discretion in denying father’s third continuance motion. Reverses and remands for a new hearing regarding custody of M.S. Also reverses that part of the dissolution decree ordering father to pay $5,000 towards mother’s attorney fees. The dissolution decree’s property division orders, as reflected in the settlement agreement, are affirmed.

In The Paternity of J.P.: P.M. (Mother) v. J.P. (Father) (NFP)
71A03-1303-JP-70
Juvenile. Affirms order finding mother in contempt of court.

Michael Walton v. State of Indiana (NFP)
49A02-1212-CR-1013
Criminal. Reverses revocation of community corrections placement.

Julio Joel Delgado v. State of Indiana (NFP)
45A03-1206-CR-271
Criminal. Affirms sentence for Class B felony child molesting.

Anthony Shockley v. State of Indiana (NFP)
49A02-1212-CR-957
Criminal. Affirms convictions of murder and Class C felony attempted robbery, but remands for correction of the abstract of judgment.

Dheeraj Gulati v. Twinkle Gujral (NFP)
29A02-1301-DR-144
Domestic relation. Affirms portion of the trial court’s decree of dissolution concerning international travel with the parties’ minor child E.G.
 
In the Matter of the Adoption of C.A.H., minor; J.N.E. v. L.M.H. (NFP)
49A02-1302-AD-129
Adoption. Affirms order denying the biological mother’s motion for relief of judgment to set aside an adoption decree in favor of L.M.H.

The Indiana Supreme Court and 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. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  2. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  3. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  4. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  5. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

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