ILNews

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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  1. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

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