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Opinions June 27, 2014

June 27, 2014
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Indiana Supreme Court
South Shore Baseball, LLC d/b/a Gary South Shore RailCats and Northwest Sports Venture, LLC v. Juanita DeJesus
45S03-1308-CT-531
Civil tort. Reverses trial court denial of a motion for summary judgment to the Railcats defendants in a case brought by a fan injured by a foul ball hit into the stands at a minor-league baseball game. Holding the defendants are entitled to summary judgment, remands to the trial court to enter judgment accordingly.

Indiana Court of Appeals
Robert Imbody v. Fifth Third Bank

49A05-1307-CC-322
Collections. Reverses trial court judgment in favor of Fifth Third Bank, holding that a suit seeking to collect on an alleged breach of a promissory note secured by a vehicle was time-barred under the applicable statute. The panel ruled that applicable six-year statute of limitations began to run when Robert Imbody’s vehicle was repossessed in May 2006, therefore, the suit filed in June 2012 was untimely. Instructs the trial court to enter judgment in favor of Imbody.

Alan R. Brill, Business Management Consultants, LP f/k/a Brill Media Company, LP, and the Non-Debtor Companies v. Regent Communications, Inc., n/k/a Townsquare Media, Inc.
82A01-1304-PL-174
Civil plenary. Reverses the denial of Regent’s motion to dismiss. Rules Virginia law governs the substantive and procedural issues in the business agreements from 2000 and 2002. Therefore, Brill failed to file its complaint within the five-year statute of limitations provided by Virginia law.

J.W. v. Review Board of the Indiana Department of Workforce Development (NFP)
93A02-1311-EX-1003
Agency action. Affirms dismissal of request for unemployment benefits.

Edward D. Bagshaw v. State of Indiana (NFP)
10A01-1305-CR-236
Criminal. Affirms conviction of murder and 65-year sentence.

Joseph D. Reed v. State of Indiana (NFP)
49A02-1310-CR-883
Criminal. Affirms revocation of probation and remands to modify the abstract of judgment to reflect the trial court’s stated reasons for revocation.
 
Jeffrey Allen Gosney, Jr. v. Teri Gosney (NFP)
53A01-1310-DR-452
Domestic relation. Affirmed in part, reversed in part and remanded with instructions to reconcile inconsistent orders regarding father’s parenting time.

Richard R. Hogshire v. Ursula Hoover (NFP)
06A01-1309-DR-402
Domestic relation. Affirms in part, reverses in part and remands, finding the trial court erred in ordering Hogshire to pay $750 a week in maintenance to Hoover and to pay outstanding and future fees to an expert witness hired to valuate his businesses.
 
Charles Swift v. State of Indiana (NFP)
48A04-1309-CR-471
Criminal. Affirms 20-year executed sentence and convictions of Class B felony robbery and Class C felony robbery.

Clifford Mosley v. State of Indiana (NFP)

49A02-1311-CR-983
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.

Indiana Tax Court issued no opinions by IL deadline Friday. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
 

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  3. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  4. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

  5. Banana.Republic

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