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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
48S04-1204-CC-00213
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
55A01-1203-SC-119
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)
85A05-1204-JT-170
Juvenile/termination of parental rights. Affirms termination of parental rights.

Joseph J. Suscha v. State of Indiana (NFP)
06A01-1203-CR-95
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)
24A01-1202-CR-76
Criminal. Affirms revocation of probation.

Christopher Cones v. Tina (Cones) Iannotti (NFP)
49A02-1108-DR-783
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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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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