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Opinions Oct. 1, 2013

October 1, 2013
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Indiana Court of Appeals
Christina Atkins, and Kyla Atkins, by her parent and next friend Christina Atkins v. Veolia Water Indianapolis, LLC
49A02-1302-CT-181
Civil tort. Affirms denial of Atkins’ motion for leave to file a belated appeal under Indiana Trial Rule 72(E). Finds in order for remedy under the trial rule, counsel has to first establish either the court did not send a copy of the order, ruling or judgment or sent a copy to the wrong address. Lack of notice is the prerequisite before any relief can be granted. Atkins’ counsel received notice of the court’s judgment in favor of Veolia but misfiled it. Therefore, Atkins had received the notice and cannot obtain relief under Rule 72(E).

Samuel C. Bowyer v. Kelley S. Bowyer (NFP)
18A02-1301-DR-88
Domestic relation. Reverses and remands denial of Sam Bowyer’s petition for modification of his child support. In his dissent, Judge James Kirsch concurred with the reversal but disagreed with the majority’s conclusion that the trial court did not abuse its discretion in denying the Bowyer’s petition on the basis that 12 months had not lapsed between the time the support order was issued and the petition was filed. Kirsch maintained since Kelley Bowyer did not raise the issue of the premature filing until nearly 18 months after the support order was entered, the trial court should have exercised is discretion and deemed the petition re-filed at the end of the 12-month period.  

Kenneth W. Gibbs-El v. Christopher E. Meloy, et al. (NFP)
49A04-1303-PL-101
Civil plenary. Affirms the trial court’s decision to grant the parole board’s motion to dismiss Gibbs-El’s “civil plenary action suit for damages.”

Brant Construction, LLC; and Dune Harbor, LLC v. Circle R Electric, Inc.; DeBoer Egolf Corporation; Auditor, Porter County, Indiana; First National Bank of Illinois; and Wachovia Financial Svcs. (NFP)

64A03-1204-CC-159
Civil collection. Grants Brant Construction’s and Dune Harbor’s petition for a rehearing on their claim that any decision regarding their contracts with Circle R should also apply with equal force to their contracts with DeBoer Egolf. Also denies their “Motion to Ratify Clerk’s Inadvertent Consolidation of Appeals and for Consolidated Briefing Schedule” as moot.

Warren E. Large v. State of Indiana (NFP)
84A01-1303-CR-133
Criminal. Affirms trial court’s order that Large serve his previously suspended sentence for violating the terms of his probation.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals issues no Indiana opinions by IL deadline.
 

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  1. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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