ILNews

Opinions Nov. 4, 2010

November 4, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
DBL Axel LLC v. Lasalle Bank National Association
15A01-1003-PL-205
Civil plenary. Affirms order directing immediate turnover of funds in favor of LaSalle Bank. The checks paid by the city of Lawrenceburg to DBL concerned the property in question and were within the scope of and subject to the receivership order, and DBL’s failure to include that money paid or otherwise notify the receiver of the settlement agreement was a violation of that order. Remands for the trial court to amend its order directing immediate turnover of funds and enter an order directing turnover in the amount of $1,365,500.

Bruce R. Fox v. Dennis Rice and West Central Community Corrections
54A01-1003-PL-97
Civil plenary. Affirms summary judgment in favor of West Central Community Corrections in Fox’s claims of false arrest, false imprisonment, and violation of rights under the Indiana and federal constitutions. The tort claim notice period expired before Fox filed his notice, and his federal claim doesn’t contain a genuine issue of material fact.

In the Matter of the Guardianship of Azzie Justice v. Garnet S. Justice (NFP)
43A03-0912-CV-584
Civil. Affirms appointing Garnet as the guardian of the person and estate of Azzie.

Linda Chiesi v. State of Indiana (NFP)
64A05-1003-PC-205
Post conviction. Affirms denial of petition for post-conviction relief.

Term. of Parent-Child Rel. of C.J.M.; C.M. v. Lake County DCS (NFP)
45A03-1004-JT-248
Juvenile. Affirms termination of parental rights.

Kenneth Mitan v. Richard E. Deckard Family Limited Partnership #206 (NFP)
53A01-0912-CV-612
Civil. Affirms conclusion that Mitan was a proper party to the partnerships forfeiture action. Reverses award of all personal property and remands with instructions to award to the partnership only that personal property specified by the contract as being included in the sale.

Nickolas Sandifer v. State of Indiana (NFP)
45A03-1004-CR-186
Criminal. Affirms denial of Sandifer’s unverified, oral motion to withdraw his guilty plea.

Indiana Tax Court had posted no opinions at IL deadline.



 

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  1. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

  2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

  3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

  4. Congratulations to Judge Carmichael for making it to the final three! She is an outstanding Judge and the people of Indiana will benefit tremendously if/when she is chosen.

  5. The headline change to from "religious" to "religious-affiliated" is still inaccurate and terribly misleading.

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