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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. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  2. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  3. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  4. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  5. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

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