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Opinions March 12, 2012

March 12, 2012
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The following Indiana Supreme Court opinions were posted after IL deadline Friday:

R.L. Turner Corporation v. Town of Brownsburg
32S01-1109-PL-573
Civil plenary. Affirms trial court’s grant of a petition for attorney fees to the Town of Brownsburg, rejecting Turner’s argument that the court erred in not entering special findings before awarding fees. Justices Rucker affirmed in part, but dissented in part, writing that he would remand for further proceedings, as the trial record shows no indication of whether Turner’s claims or defenses were frivolous, unreasonable, groundless or otherwise litigated in bad faith. Justice Dickson joined the dissent.

Indiana Department of State Revenue v. Rent-A-Center East, Inc.
49S10-1112-TA-683
Tax appeal. Reverses Indiana Tax Court’s grant of summary judgment in favor of Rent-A-Center East, holding that the taxpayer has the burden of showing a genuine issue of material fact exists with respect to unpaid tax, and that upon presenting that evidence the Indiana Department of State Revenue could reply before the Tax Court rules on a motion for summary judgment. Remands to the Tax Court for consideration of motions for summary judgment on their merits, in light of all the designated evidence the parties may tender.

Monday’s opinions:

The 7th Circuit Court of Appeals, Indiana Supreme Court and Indiana Tax Court had issued no opinions at IL deadline.

Indiana Court of Appeals

Wells Fargo Bank, N.A., successor in interest to The Money Store Investment Corp., f/d/b/a First Union Small Business Capital v. Neal A. Summers, et al. (NFP)
02A04-1103-CP-112
Civil plenary. Dismisses appeal, holding that Wells Fargo failed to timely file its notice of appeal.

 

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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