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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. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  2. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  3. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

  4. My daughter was married less than a week and her new hubbys picture was on tv for drugs and now I havent't seen my granddaughters since st patricks day. when my daughter left her marriage from her childrens Father she lived with me with my grand daughters and that was ok but I called her on the new hubby who is in jail and said didn't want this around my grandkids not unreasonable request and I get shut out for her mistake

  5. From the perspective of a practicing attorney, it sounds like this masters degree in law for non-attorneys will be useless to anyone who gets it. "However, Ted Waggoner, chair of the ISBA’s Legal Education Conclave, sees the potential for the degree program to actually help attorneys do their jobs better. He pointed to his practice at Peterson Waggoner & Perkins LLP in Rochester and how some clients ask their attorneys to do work, such as filling out insurance forms, that they could do themselves. Waggoner believes the individuals with the legal master’s degrees could do the routine, mundane business thus freeing the lawyers to do the substantive legal work." That is simply insulting to suggest that someone with a masters degree would work in a role that is subpar to even an administrative assistant. Even someone with just a certificate or associate's degree in paralegal studies would be overqualified to sit around helping clients fill out forms. Anyone who has a business background that they think would be enhanced by having a legal background will just go to law school, or get an MBA (which typically includes a business law class that gives a generic, broad overview of legal concepts). No business-savvy person would ever seriously consider this ridiculous master of law for non-lawyers degree. It reeks of desperation. The only people I see getting it are the ones who did not get into law school, who see the degree as something to add to their transcript in hopes of getting into a JD program down the road.

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