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. Paul Ogden doing a fine job of remembering his peer Gary Welsh with the post below and a call for an Indy gettogether to celebrate Gary .... http://www.ogdenonpolitics.com/2016/05/indiana-loses-citizen-journalist-giant.html Castaways of Indiana, unite!

  2. It's unfortunate that someone has attempted to hijack the comments to promote his own business. This is not an article discussing the means of preserving the record; no matter how it's accomplished, ethics and impartiality are paramount concerns. When a party to litigation contracts directly with a reporting firm, it creates, at the very least, the appearance of a conflict of interest. Court reporters, attorneys and judges are officers of the court and must abide by court rules as well as state and federal laws. Parties to litigation have no such ethical responsibilities. Would we accept insurance companies contracting with judges? This practice effectively shifts costs to the party who can least afford it while reducing costs for the party with the most resources. The success of our justice system depends on equal access for all, not just for those who have the deepest pockets.

  3. As a licensed court reporter in California, I have to say that I'm sure that at some point we will be replaced by speech recognition. However, from what I've seen of it so far, it's a lot farther away than three years. It doesn't sound like Mr. Hubbard has ever sat in a courtroom or a deposition room where testimony is being given. Not all procedures are the same, and often they become quite heated with the ends of question and beginning of answers overlapping. The human mind can discern the words to a certain extent in those cases, but I doubt very much that a computer can yet. There is also the issue of very heavy accents and mumbling. People speak very fast nowadays, and in order to do that, they generally slur everything together, they drop or swallow words like "the" and "and." Voice recognition might be able to produce some form of a transcript, but I'd be very surprised if it produces an accurate or verbatim transcript, as is required in the legal world.

  4. Really enjoyed the profile. Congratulations to Craig on living the dream, and kudos to the pros who got involved to help him realize the vision.

  5. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

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