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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. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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