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Opinions Aug. 29, 2013

August 29, 2013

Indiana Court of Appeals
In the Matter of the Trust of Dorothy Rhoades; Robert Kutchinski and Shelia Graves, f/k/a Shelia Kutchinski v. Joseph Strazzante and Monty Strazzante, Co-Trustees
45A03-1206-TR-296
Trust. Reverses and remands trial court order granting summary judgment in favor of Joseph and Monty Strazzante, holding that it was inappropriate because there are genuine issues of material fact regarding Dorothy Rhoades’ capacity to amend provisions of a trust days before she died and as to whether she was unduly influenced.

Ruth Sheek v. Mark A Morin Logging, Inc.

07A01-1211-PL-509
Civil plenary. Affirms trial court award of $55,572.50 to Ruth Sheek for damages to her Brown County property resulting from work by logging contractors. The appeals panel ruled that the trial court properly used the cost of repair rather than before-and-after market value comparisons, and also properly deducted $4,000 from the award, representing the value of trees that Morin Logging was barred from harvesting after Sheek sent the logging company a cease-and-desist letter.

Troy A. Schnitz v. State of Indiana (NFP)
35A02-1212-CR-965
Criminal. Vacates conviction of Class B felony neglect of a dependent but affirms aggregate sentence of 47 years with three years suspended on conviction of three counts of Class B felony battery resulting in serious bodily injury and one count of Class D felony battery.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. U.S. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.


 

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