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Opinions Oct. 7, 2013

October 7, 2013
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Opinions, Oct. 7, 2013

Indiana Court of Appeals

The Estate of Richard A. Mayer, and Spangler, Jennings & Dougherty v. Lax, Inc., and David Lasco
37A03-1207-PL-323
Civil plenary. Affirms in part, reverses in part and remands. Reverses denial of summary judgment to the Estate and Spangler Jennings on claims for negligent supervision and/or retention, tortious interference with a business relationship, and tortious interference with a contract, and directs that summary judgment be entered in the estate’s and Spangler Jennings’s favor on those claims. Reverses denial of summary judgment to Spangler Jennings on the defamation claim and directs that summary judgment be entered in its favor on that claim. Reverses the denial of summary judgment to the estate regarding Lax and Lasco’s seeking punitive damages against it and direct that summary judgment be entered in favor of the estate on that claim. Affirms the granting of summary judgment in the estate’s favor on the defamation and malicious prosecution claims. Affirms denial of summary judgment on the malicious prosecution claim against Spangler Jennings and the denial of summary judgment on the abuse of process claim to both the estate and Spangler Jennings. Affirms the denial of summary judgment in favor of Spangler Jennings on punitive damages.

Dorian Gray Jackson v. State of Indiana

20A05-1210-CR-572
Criminal. Affirms convictions for possession of a narcotic with intent to deliver as a Class A felony, two counts of dealing in a narcotic drug as Class B felonies and possession of marijuana as a Class A misdemeanor. Finds intervening circumstances –
rather than the GPS device police had attached to the suspect’s car without a warrant – led to the traffic stop and discovery of the illegal drugs. Concludes the circumstances were sufficient to remove any taint from any police illegality.

Daniel B. Buffkin v. Glacier Group
79A02-1302-PL-141
Civil plenary. Reverses trial court grant of temporary injunction to enforce terms of an employment non-competition clause, holding that the activities prohibited and the geographic restraints Glacier Group sought to place on terminated contractor Daniel Buffkin were unreasonable, rendering that part of the agreement unenforceable. Remands for further proceedings.

Marie Castner v. State of Indiana (NFP)
49A05-1302-CR-44
Criminal. Affirms conviction for Class A misdemeanor battery.

In the Matter of the Civil Commitment of S.I. v. Midtown CMHC (NFP)
49A05-1304-MH-146
Mental Health. Affirms order for temporary commitment.

Michael Morrisey v. State of Indiana (NFP)
49A04-1304-CR-146
Criminal. Affirms revocation of Morrisey’s community corrections placement.
 
Robert Walke and Karen Walke v. Kitley Law Office, P.C., (NFP)
49A02-1304-CT-291
Civil Tort. Affirms granting summary judgment in favor of Kitley.

Gordon B. Dempsey v. JPMorgan Chase Bank, N.A. (NFP)
49A02-1303-PL-218
Civil Plenary. Affirms Chase’s motion for summary judgment. Reverses the award of $141,545.21 in attorney’s fees and costs, and remands for further proceedings to ensure the court’s award does not improperly overlap with the award of attorney’s fees in federal court.  

In Re: The Paternity of J.K., A.K. v. T.L. (NFP)
02A03-1301-JP-12
Juvenile Paternity. Affirms denial of Father’s (A.K.) petition to modify custody of his daughter (J.K.).  

In Re The Paternity of I.B., K.H. v. I.B. b/n/f L.B. (NFP)
34A02-1305-JP-401
Juvenile Paternity. Affirms order that, among other things, directed father (K.H.) to pay child support and $1,200 of the mother’s (L.B.) attorney fees.

The Indiana Supreme Court and the Indiana Tax Court did not release opinions by IL deadline. The 7th Circuit Court of Appeals did not release Indiana opinions by IL deadline.
 

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  1. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

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