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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. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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