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Opinions March 8, 2013

March 8, 2013
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Indiana Court of Appeals
In the Matter of the Supervised Estate of Evelyn Garrard; Ronald Garrard v. Debra L. Teibel and Douglas Grimmer and Debra Lindsay
45A03-1111-PL-547
Civil plenary. Affirms summary judgments in favor of Teibel, Grimmer and Lindsay, holding that Garrard had waived all issues on appeal and failed to show an issue of material fact existed. The court also warned Garrard about language in pleadings that disparaged other parties to the litigation and the bench.

KOA Properties, LLC v. Laura Matheison

48A04-1207-SC-365
Small claim. Affirms the small claims court did not abuse its discretion by appointing appellate counsel for Matheison and did not err in denying KOA’s motion to set aside the default judgment. The Court of Appeals ruled the notice of the claim clearly included KOA as a party defendant and found that although KOA was not served a separate notice of the initial claim, it was provided with service reasonably calculated to inform the business that a small claims action had been filed against it.

Cheryl L. Schlimpert v. Timothy M. Schlimpert (NFP)

71A03-1206-DR-297
Domestic relations. Dismisses, concluding wife did not file a timely appeal.

Clark Sales & Service, Inc. v. John D. Smith and Ferguson Enterprises, Inc. (NFP)

49A04-1208-PL-387
Civil plenary. Reverses and remands on interlocutory appeal a preliminary injunction granted to Clark’s based on terms of a non-disclosure agreement.

In the Matter of the Supervised Estate of George Lee Coon, Mark A. Coon v. Allen W. Coon, Donald L. Moster, Jr., and Beverly S. Moster (NFP)
70A01-1208-ES-384
Estate. Affirms summary judgment and concludes that evidence of a postnuptial agreement was properly admitted.

Davion Peterson v. Sandra Owen (NFP)
49A02-1207-PO-596
Protection order. Affirms Owen’s protection order.

Curtis Porter v. State of Indiana (NFP)
49A05-1204-CR-191
Criminal. Affirms conviction and 40-year sentence for Class A felony child molesting.

Ivan Gonzalez v. State of Indiana (NFP)
43A03-1207-CR-334
Criminal. Affirms convictions of two counts of Class D felony intimidation and a count of Class B misdemeanor visiting a common nuisance.

Oo Aka v. State of Indiana (NFP)
49A02-1207-CR-560
Criminal. Affirms convictions of Class D felony and a Class A misdemeanor domestic battery.

Andrew Abbott v. State of Indiana (NFP)
33A01-1201-CR-16
Criminal. Affirms conviction of Class D felony receiving stolen property, but remands to the trial court for proceedings to recalculate pretrial detention credit for time served.

Gateway West Townhouse Association, Barry J. Stern and Judy C. Stern v. Metropolitan Development Commission of Marion County v. SF Industrial Properties-Indianapolis, LLC (NFP)
49A02-1208-MI-680
Miscellaneous/zoning. Affirms trial court dismissal of a petition for judicial review of a zoning variance granted to SF Industrial.

Allen G. Parker v. State of Indiana (NFP)
49A02-1206-CR-503
Criminal. Affirms convictions of murder, robbery and confinement.

Jamie Farmer v. State of Indiana (NFP)
09A04-1208-CR-448
Criminal. Affirms conviction and sentence for Class B felony dealing in a schedule II controlled substance.

Scott Rose v. J.Z. and J.Z. (Adoptive Parents) (NFP)

32A05-1207-AD-361
Adoption. Affirms trial court denial of motion to set aside adoption decree.

Benito S. Gamba, Hilda P. Gamba and Gamba Real Estate Holdings, LLC v. The Ross Group Inc./Ticor Title Insurance Co. v. The Ross Group Inc., Benito Gamba, Hilda Gamba, et al. (NFP)
45A03-1202-PL-92
Civil plenary. Reaffirms in rehearing prior ruling that the Gamba interests are liable for a construction-cost overage.

J.W.S. v. State of Indiana (NFP)
20A04-1207-JV-373
Juvenile. Affirms adjudication as a juvenile delinquent for what would have been a Class D felony conviction of criminal gang activity if committed by an adult.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeal issued no Indiana decisions by IL deadline.

 

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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