Opinions Oct. 5, 2012

October 5, 2012
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The following Indiana Supreme Court opinion was posted after IL deadline Thursday:

Citimortgage, Inc. v. Shannon S. Barabas a/k/a Shannon Sheets Barabas, ReCasa Financial Group, LLC, and Rick A. Sanders
Civil collection. Reverses denial by trial court of mortgagee Citimortgage’s motion to intervene and obtain relief from the foreclosure judgment instituted by second mortgagee ReCasa Financial without notice to Citimortgage. Citimortgage had an interest in this case sufficient to entitle it to intervene as of right, and its motions to intervene and for relief were timely. Remands with instructions to amend the default judgment to provide that ReCasa took the Madison County property subject to Citimortgage’s lien.

Friday's opinions

The 7th Circuit Court of Appeals posted no Indiana opinions before IL deadline Friday.

Indiana Supreme Court and Tax Court posted no opinions before IL deadline Friday.

Indiana Court of Appeals
Heartland Crossing Foundation, Inc. v. Chris M. Dotlich
Small claims. Affirms judgment in favor of Dotlich on a breach of contract claim, holding that the trial court did not err in rejecting Heartland’s claim for attorney fees assessed on the late payment of homeowner association dues. The trial court had called an “administrative fee” assessed to Dotlich “nothing more than an abusive junk fee.”

Term. of Parent-Child Rel. of T.O., S.O., B.O., R.O., Z.O., E.O., & G.O. (Minor Children), and J.C. (Mother) v. The Indiana Dept. of Child Services (NFP)
Juvenile/termination of parental rights. Affirms termination of parental rights.

Joseph J. Suscha v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felony resisting law enforcement and Class A misdemeanor operating a vehicle while intoxicated.

Keith Hosea v. State of Indiana (NFP)
Criminal. Affirms revocation of probation.

Christopher Cones v. Tina (Cones) Iannotti (NFP)
Domestic relation. Dismisses in part and reverses in part, rejecting father’s appeal as untimely, ordering a revaluation of the family business and ordering recalculation of child support due. Judge Brown concurs in part and dissents in part.


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