ILNews

Opinions Oct. 6, 2011

October 6, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

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

Indiana Supreme Court
Putnam County Sheriff v. Pamela Price
60S01-1012-CV-665
Civil. Reverses trial court’s denial of the Putnam County Sheriff’s motion to dismiss Price’s negligence action for failure to state a claim. A county sheriff’s department that neither owns, maintains or controls a county road does not owe a common law duty to warn the public of known hazardous conditions upon the roadway. Justices David and Dickson concur in result.

Indiana Court of Appeals
Catherine A. Littleton v. State of Indiana
49A04-1101-CR-25
Criminal. Reverses denial of Littleton’s motion to dismiss charges of Class C felony criminal confinement, Class D felony neglect of a dependent, and Class B misdemeanor battery. Remands for dismissal of the charges. Littleton’s conduct comes within the scope of her statutory qualified immunity as a teacher managing a classroom, and the trial court abused its discretion in denying her motion to dismiss.

In Re Petition in Opposition to Annexation Ordinance F-2008-15 v. The City of Evansville
82A05-1102-PL-84
Civil plenary. Affirms the denial of the remonstrators’ motion to correct error and the dismissal of their challenge to the proposed annexation of certain parcels of land by the city of Evansville. The appellate court can’t grant the remonstrators any effective relief because they failed to request a stay or file a notice of appeal before the annexation became effective, and their challenges are now moot.

Andrew Kesling v. Dorothy Kesling, Adam Kesling and Emily Kesling
46A03-1103-DR-77
Domestic relation. Reverses judgment approving an arbitrator’s award that required Andrew Kesling to make a shareholder distribution from funds of a closely held corporation as requested by siblings Emily and Adam Kesling after they intervened in the dissolution of Andrew’s marriage to Dorothy Kesling. Andrew was entitled to request a jury and could not be compelled to submit to arbitration under the auspice of the Family Law Arbitration Act. The arbitrator exceeded the scope of her authority.

Anthony J. Sims v. State of Indiana (NFP)
84A01-1102-CR-80
Criminal. Affirms sentence for Class B felony rape and remands with instructions to vacate the conviction of and sentence for Class C felony incest.

Adam L. Shull v. Mari E. Shull (NFP)
43A03-1103-DR-104
Domestic relation. Affirms distribution of marital property.

In Re the Paternity of R.T.; A.G., et al. v. C.T. (NFP)
34A04-1012-JP-792
Juvenile. Affirms order granting father C.T.’s petition to relocate R.T. to Kentucky and denying mother A.G.’s motion to modify custody.

Indiana Tax Court had posted no opinions at IL deadline.
 

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. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  2. It's a capital offense...one for you Latin scholars..

  3. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

  4. The promise of "Not to Tell" is the biggest lie ever given to a Birth Mother. THERE WERE NEVER ANY PROMISES GIVEN TO ANY OF US. One of the lies used to entice us to give up our Babies. There were many tactics used to try to convince us that it was best for Mother and Baby to cut the cord at birth. They have no idea of the pain and heartache that was caused by their attitude. The only thing that mattered was how great and wonderful they appeared to the prospective parents and their community. I completed my search, but that didn't stop the pain, heartbreak and the tears of the last 62 Years. I keep track and do know that he is alive, well educated and a musician. That little knowledge in itself is a Godsend to me. I pray that other Mothers also know that much and more to help heal their pain and open wounds. open wounds.

  5. please do your firm handles cases on breach of contract? please advise...

ADVERTISEMENT