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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. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. 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.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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