ILNews

Opinions Oct. 31, 2011

October 31, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.


Indiana Court of Appeals
Thomas J. Ostrowski and Phyllis Ostrowski v. Everest Healthcare Indiana, Inc., d/b/a Merrillville Dialysis Center, and Family Mobile Medical Services, Inc.
45A03-1012-CT-645
Civil tort. Affirms jury verdict in favor of defendants Everest Healthcare Indiana and Family Mobile Medical Services on Thomas Ostrowski’s suit for negligence against the building owner and the EMT’s employer after he was injured by a door opening and hitting his hand. The trial court did not err in giving the sudden emergency instruction or in permitting the defendants’ expert witness to testify. The lay witness did not improperly testify as an expert witness.  

Lorenzo Surrisi, Individually and d/b/a City Tavern and Joette Surrisi, Individually and d/b/a City Tavern v. James D. Bremner
50A04-1102-MF-83
Mortgage foreclosure. Reverses trial court order that stated the Surrisis’ real and personal business property were sold at a sheriff’s sale to Bremner. The sheriff’s bill of sale which included the business personal property is faulty because according to the praecipe of the sale, notice of sale and tax documentation, only the real property was subject to the sheriff’s sale. Remands for vacation of the court order indicating the sale included the business personal property and for the trial court to determine the amount of compensation due to the Surrisis for the loss of their business personal property.

Luigi Amalfitano v. State of Indiana
48A02-1102-CR-243
Criminal. Affirms sentence following guilty plea to Class B felony criminal confinement, Class C felony battery with serious bodily injury, Class D felony exploitation of an endangered adult and Class D felonies financial exploitation of an endangered adult, theft, obtaining a prescription by fraud and possession of a controlled substance. The court didn’t abuse its discretion by finding Amalfitano’s criminal history and violation of a position of trust with the victim to be aggravators, and his sentence is not inappropriate given that he kept an elderly woman locked in a utility closet for six months so he could steal her benefits and prescription drugs.

Joseph Simmons v. State of Indiana
40A05-1101-CR-10
Criminal. Affirms conviction of and sentence for Class C felony operating a vehicle while intoxicated. Simmons’ conviction of Class C felony OWI does not constitute an ex post facto violation. There is sufficient evidence to support his conviction and his eight-year sentence is appropriate.

Terry C. Winslow v. State of Indiana (NFP)
49A02-1103-CR-257
Criminal. Affirms conviction of Class A misdemeanor intimidation.

Raymond Scebbi v. State of Indiana (NFP)
77A01-1103-CR-96
Criminal. Affirms conviction of Class C felony child solicitation.

S.W. v. State of Indiana (NFP)
49A04-1104-JV-190
Juvenile. Affirms adjudication as a delinquent child for committing what would be Class C felony attempted robbery if committed by an adult.

Patrick Black v. State of Indiana (NFP)
82A04-1103-CR-175
Criminal. Affirms convictions of and sentence for various felony drug offenses and misdemeanors resisting law enforcement, false informing and battery.

Christopher D. Taylor v. State of Indiana (NFP)
71A03-1103-CR-163
Criminal. Affirms conviction of Class C felony operating a motor vehicle after driving privileges have been forfeited for life and the revocation of probation.

M.B. and M.F. v. Indiana Dept. of Child Services (NFP)
79A02-1104-JT-300
Juvenile. Affirms termination of parental rights.

1991 Investors Limited Partnership, an Indiana Limited Partnership, Pamela T. Hennessy, Joseph J. Hennessy, et al. v. Citizens Financial Services, FSB (NFP)
71A03-1105-MF-193
Mortgage foreclosure. Affirms personal judgment entered against the defendants 1991 Investors Limited Partnership and the Hennessys and the motion to correct error in a suit for failure to pay a loan.

Zachary Krachinski v. Cindy Schoof, Century 21 - 1st Team, Inc., Lon F. Terry, and Horizon Bank, N.A. (NFP)
46A03-1009-CC-498
Civil collection. Affirms summary judgment in favor of Schoof and Century 21 in Krachinski’s complaint alleging fraud and misrepresentation of property.

Tracey L. Routon v. State of Indiana (NFP)
34A04-1104-CR-209
Criminal. Affirms sentence for Class C felony conspiracy to commit possession of methamphetamine in excess of three grams.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court denied transfer to 14 cases and vacated transfer to one case for the week ending Oct. 28.


 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  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.

ADVERTISEMENT