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Opinions Nov. 27, 2012

November 27, 2012
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Indiana Court of Appeals
Kirstan Haub, d/b/a American Handyman Service v. Jenny Eldridge
10A01-1203-PL-107
Civil plenary. Reverses denial of Haub’s motion for summary judgment against Eldridge. The trial court erred in considering parol evidence, and the release unambiguously releases Haub from any and all claims that Eldridge may have had against him on or before Oct. 8, 2010. Orders trial court to enter summary judgment in favor of Haub.

Nicole Means v. State of Indiana (NFP)
49A02-1205-CR-391
Criminal. Affirms conviction and sentence for Class B felony aggravated battery.

Monica Oevermeyer v. Dennis Steinbis (NFP)
78A01-1204-DR-187
Domestic relation. Reverses finding Overmeyer in contempt as requested by her ex-husband.

Dennis Mikel v. State of Indiana (NFP)
52A02-1205-SC-428
Small claim. Affirms damage award for Mikel’s television in Mikel’s action against the Miami Correctional facility and the superintendent of the facility.
 

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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