ILNews

Opinions Nov. 5, 2010

November 5, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
S.A. v. Review Board
93A02-1004-EX-568
Civil. Affirms the Review Board of the Indiana Department of Workforce Development’s ruling that S.A.’s acceptance of an early retirement package made her ineligible to continue receiving unemployment benefits. S.A. left employment without good cause in connection with the work.

Deana Crickmore v. John R. Crickmore (NFP)
49A04-1003-DR-184
Domestic relation. Affirms finding John’s overpayments of spousal maintenance were involuntary and the order Deana repay him accordingly. Reverses amount of judgment as to the dollar amount and affirms in all other respects. Remands for further proceedings.

Robin L. Rashin v. Mark W. Rashin (NFP)
45A04-0911-CV-660
Civil. Reverses denial of rehabilitative maintenance to Robin and remands with instructions to calculate an award of rehabilitative maintenance, to exclude the settlement proceeds from the marital estate, and to recalculate the division of marital property accordingly. Remands the issue of whether Robin shall be awarded appellate attorney fees. Affirms judgment in all other respects.

Jeanette Daniels, et al. v. Hidden Bay Homeowners Association, Inc., et al. (NFP)
49A02-1003-PL-279
Civil plenary. Affirms summary judgment for all of the defendants in Daniels and Russell’s suit to recover damage to a condominium and personal property after a fire.

In the Guardianship of Z.E. and A.W.; Ala.G., et al. v. Alk.G., et al. (NFP)

45A05-1004-GU-255
Guardianship. Affirms juvenile court has subject matter jurisdiction over the grandparents’ custody action as it relates to one of the children and remands for a determination of whether the court has subject matter as it relates to the other child. Affirms order finding the mother is the custodian of the children unless another court has ruled otherwise and by appointment a guardian ad litem and directing the grandparents to pay a portion of the guardian ad litem’s fees relating to Z.E. Reverses order appointing GAL and requiring grandparents to pay GAL fees for matters relating to A.W. only if the court is found to lack jurisdiction over the custody of A.W. on remand.  

Antonio M. Sanders v. State of Indiana (NFP)

22A01-1005-CR-234
Criminal. Affirms denial of motion to withdraw guilty plea.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

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