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Opinions Oct. 15, 2013

October 15, 2013
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Indiana Court of Appeals
Judith (Lund) Pherson v. Michael Lund
52A04-1304-DR-180
Domestic relation. Affirms denial of Pherson’s motion to correct error, which challenged a post-dissolution order in response to a motion by Lund for clarification of a pension-fund provision of a property settlement agreement incorporated into a divorce decree. The pension contributions in the 18 ½ years since the dissolution were after-acquired property beyond the scope of the settlement agreement to divide.

Martha Ferguson, Anthony Schmitt, Rebecca Schmitt, Mary Meadows, et al. v. Berton O'Bryan
49A02-1211-CT-917
Civil tort. Reverses summary judgment in favor of attorney O’Bryan on a legal malpractice claim stemming from the preparation of a will. Concludes that regardless of whether O’Bryan saw the list that contained the plaintiffs’ names and items they would receive, he knew that Linder intended to benefit anyone named on the list; therefore, the relatives are known third-party beneficiaries for purposes of Walker v. Lawson and are thus entitled to bring a legal malpractice action against O’Bryan. Judge Friedlander dissents.

In Re The Marriage of Debra Ann Fioritto (Weber) v. Victor Lynn Weber (NFP)
20A03-1303-DR-73
Domestic relation. The trial court erred in concluding that the husband’s spousal maintenance payments should be included in calculations pursuant to the suspension clause. Remands with instructions for the trial court to alter its judgment because husband’s spousal maintenance obligation for the period from February of 2009 through January of 2010 is $10,775.13. Affirms denial of attorney fees to wife.

Aleesha Duensing, Erica Buzalski, Kristi Buzalski and Ray Buzalski v. Wendy Johnson and Kris A. Frazier (NFP)
71A05-1302-CC-69
Civil collection. Affirms summary judgment for Johnson and Frazier in a defamation and slander lawsuit and denies their request for appellate attorney fees.

In Re the Marriage of Jennifer Sausaman and Gregory Sausaman; Jennifer Hutchens (Sausaman) v. Gregory Sausaman (NFP)
43A03-1302-DR-43
Domestic relation. Affirms denial of Hutchens’ petition to modify child custody. Remands to the trial court the issue of the amount of attorney fees due to Sausaman.

William Beeler v. State of Indiana (NFP)
49A05-1209-PC-480
Post conviction. Affirms denial of petition for post-conviction relief.

In Re The Marriage of Patricia Sovinski and Patrick Sovinski; Patrick Sovinski v. Patricia Sovinski (NFP)
02A01-1303-DR-101
Domestic relation. Affirms order of educational support regarding son.

In Re the Paternity of S.P., W.V. v. R.P. (NFP)
18A02-1303-JP-251
Juvenile. Affirms denial of father’s motion to stay the provision of a child support withholding order pertaining to accrued arrearages.

Perfect North Slopes, Inc. v. Nicholas A. Searcy (NFP)
15A05-1305-CT-204
Civil tort. Affirms denial of Perfect North Slopes’ motion to set aside default judgment entered at the request of Searcy on his negligence lawsuit.

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

 

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  1. "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

  2. 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."

  3. 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.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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