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Opinions - June 1, 2010

June 2, 2010
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Indiana Supreme Court
Thomas A. Neu, Elizabeth A. Neu, Wells Fargo Bank, N.A. v. Brett Gibson
49S02-0910-CV-442
Civil. Affirms trial court’s finding that the Neus were not entitled to interest, attorney fees, and costs and that they could not foreclose on their own home or force a sheriff’s sale of the property. When the Neus purchased their home from John Nowak, the title search did not reveal a mortgage held by Gibson. The Supreme Court also finds the Neus had other options than foreclosing on the home or forcing a sheriff’s sale: they could have sold the house without court action, or taken the matter up with the title insurance company that didn’t find the Gibson mortgage when they bought the home.

Indiana Court of Appeals
Alan Kelly v. Julie Kelly (NFP)
12A05-0912-CV-703
Civil. Affirms marriage dissolution decree entered by the trial court in dissolution proceedings initiated by Julie Kelly. Alan Kelly appealed the entering of the decree based on the following issues: the trial court’s awarding custody of the parties’ minor child to Julie; the trial court’s discretion in dividing the marital property; and the trial court’s discretion in awarding $9,000 to Julie for attorney’s fees.

Indiana Tax Court posted no opinions before IL deadline.

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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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