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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. Good riddance to this dangerous activist judge

  2. 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.

  3. 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.

  4. 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.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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