Opinions Sept. 20, 2010

September 20, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Obed Kalwitz, Jr., et al. v. Eugene Kalwitz, et al.
Civil. Affirms small claims judgment in favor of siblings Eugene Kalwitz and Sharon Greiger in Obed Kalwitz Jr.’s suit alleging the siblings stole items from land that now belong to the siblings. Affirms ruling on counterclaim for $1,750 compensatory damages for abuse of process, $2,750 in punitive damages, and $900 in attorney’s fees. Obed and Rolene’s request for a change of judge was untimely, and their claim is barred by res judicata. Remands to the small claims court for a determination of the amount of appellate attorney’s fees and costs to which Eugene and Sharon are entitled.

Antionette Smith v. State of Indiana (NFP)
Criminal. Affirms conviction of burglary as a Class B felony.

Indiana Tax Court had posted no opinions at IL deadline.



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