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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. 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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