Opinions – June 1, 2010

Keywords neglect

Indiana Supreme Court
Thomas A.
Neu, Elizabeth A. Neu, Wells Fargo Bank, N.A. v. Brett Gibson

Civil. Affirms trial court’s finding that the Neus were not entitled to interest, attorney fees, and costs and that
they could not foreclose on their own home or force a sheriff’s sale of the property. When the Neus purchased their
home from John Nowak, the title search did not reveal a mortgage held by Gibson. The Supreme Court also finds the Neus had
other options than foreclosing on the home or forcing a sheriff’s sale: they could have sold the house without court
action, or taken the matter up with the title insurance company that didn’t find the Gibson mortgage when they bought
the home.

Indiana Court of Appeals
Alan Kelly
v. Julie Kelly (NFP)

Civil. Affirms marriage dissolution decree entered by the trial court in dissolution proceedings initiated by Julie Kelly.
Alan Kelly appealed the entering of the decree based on the following issues: the trial court’s awarding custody of
the parties’ minor child to Julie; the trial court’s discretion in dividing the marital property; and the trial
court’s discretion in awarding $9,000 to Julie for attorney’s fees.

Indiana Tax Court posted no opinions before IL deadline.

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