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Opinions Nov. 22, 2010

November 22, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Levie S. Jackson v. State of Indiana
79A02-0912-CR-1230
Criminal. Affirms convictions of seven counts of Class C felony forgery, six counts of Class D felony theft, and finding Jackson is a habitual offender The trial court did not err in denying Jackson’s motion to sever. Because he did not present any explanation of how he was prejudiced by the timing of the additional charge, the trial court declined to reverse the habitual offender enhancement.

State Automobile Mutual Insurance Co. v. Flexdar, Inc. and RTS Realty
49A02-1002-PL-111
Civil plenary. Affirms summary judgment in favor of Flexdar in State Automobile Mutual Insurance Co.’s action seeking declaration that it owed no coverage for environmental cleanup costs. State Auto’s pollution exclusion is ambiguous and unenforceable, so it did not preclude coverage. Concludes that Indiana Evidence Rule 407 may bar evidence of subsequent policy revisions offered to resolve ambiguity in an executed insurance contract.

Judith C. Lombardi v. Robert R. Van Deusen
10A01-0910-CV-491
Civil. Reverses order finding the Illinois proceedings to be void and the reinstatement of Van Deusen’s original support obligation retroactive to the original order. The jurisdiction has never been re-established by Indiana. Also orders a new judicial officer be assigned to this matter.

TacCo Falcon Point v. Atlantic Limited, et al.
49A04-1003-CP-202
Civil plenary. Affirms order granting the motion to deem judgment satisfied filed by Atlantic Limited Partnership XII, Atlantic XIII, and David M. Clapper. The trial court didn’t err when it granted the Clapper parties’ motion because the issues hadn’t been previously decided by other courts and weren’t barred by the doctrine of res judicata. The trial court did not abuse its discretion when it found that the judgment at issue had been satisfied because when TacCo purchased the judgment, it was acting as a strawman for American Realty Trust.

Boost Up Wireless Solutions v. Brightpoint North America (NFP)
49A04-1007-CC-461
Civil collections. Affirms order denying Boost Up’s motion to set aside the default judgment entered in favor of Brightpoint on Brightpoint’s breach of contract complaint against Boost Up.

William Delk, et al. v. Reid Hospital and Health Care Servs., et al. (NFP)
89A04-1003-CT-208
Civil tort. Affirms summary judgment in favor of Reid Hospital, Indiana University School of Nursing, and the Trustees of Indiana University in the Delks’ complaint alleging medical malpractice.

Uma D. Chaluvadi v. City of Indianapolis (NFP)
49A02-1003-OV-230
Local ordinance violation. Dismisses Chaluvadi’s appeal of a default judgment regarding traffic tickets.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted one transfer and denied 7 for the week ending Nov. 19.
 
 
 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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