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Opinions Nov. 29, 2012

November 29, 2012
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Indiana Court of Appeals
Terry and Laura Wagler, Larry and Jennifer Wagler, Norman Wagler, and Janet and Nathan Wagler v. West Boggs Sewer District Inc.
14A01-1109-PL-427
Civil plenary. Affirms denial of the Waglers’ motions for relief from judgment pursuant to Ind. Trial Rule 60(B), and that the court did not err in directing Janet and Nathan Wagler to connect to the sewer system. Denies West Boggs’ request for appellate attorney fees.

Miles Ogea d/b/a Mo Auger Investments and Mo's Tavern v. Karamesines Credit Shelter Trust (NFP)
18A04-1206-CT-288
Civil tort. Affirms ruling that Ogea has a duty to indemnify the second trust pursuant to the lease agreement between Ogea and the trust.

H. Wayne Burnett, M.D. v. Pamela A. Burnett, M.D. (NFP)
29A02-1203-DR-180
Domestic relation. Affirms valuation of Dr. H. Wayne Burnett’s partnership interest in a medical practice and the award of expert witness fees to Dr. Pamela A. Burnett. Affirms unequal division of the marital estate.

Richard A. Childress, Jr. v. State of Indiana (NFP)

45A03-1206-PC-246
Post conviction. Affirms denial of petition for post-conviction relief.

Term. of the Parent-Child Rel.of: M.M. (Minor Child), and S.H. (Mother) v. The Indiana Dept. of Child Services (NFP)
85A02-1204-JT-323
Juvenile. Affirms involuntary termination of parental rights.

Corbin Bardonner v. State of Indiana (NFP)
49A05-1205-CR-231
Criminal. Affirms conviction and sentence for Class A felony child molesting.

Jamey Taskey v. State of Indiana (NFP)
67A01-1204-CR-164
Criminal. Affirms conviction of Class D felony neglect of a dependent.

David S. Healey v. State of Indiana (NFP)
33A04-1202-MI-107
Miscellaneous. Affirms denial of verified petition to remove designation as offender.

Vickie Fenoglio, as Personal Representative of the Estate of Paul Fenoglio, Deceased v. Gregory Brock, D.O. (NFP)
84A04-1202-PL-59
Civil plenary. Affirms summary judgment for Dr. Gregory Brock.

Timothy J. Gilbert v. State of Indiana (NFP)
62A01-1205-PC-213
Post conviction. Affirms denial of petition for post-conviction relief.

 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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