ILNews

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 work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  2. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  3. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  4. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  5. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

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