Indiana Court of Appeals
Judith (Lund) Pherson v. Michael Lund
Domestic relation. Affirms denial of Pherson’s motion to correct error, which challenged a post-dissolution order in response to a motion by Lund for clarification of a pension-fund provision of a property settlement agreement incorporated into a divorce decree. The pension contributions in the 18 ½ years since the dissolution were after-acquired property beyond the scope of the settlement agreement to divide.
Martha Ferguson, Anthony Schmitt, Rebecca Schmitt, Mary Meadows, et al. v. Berton O'Bryan
Civil tort. Reverses summary judgment in favor of attorney O’Bryan on a legal malpractice claim stemming from the preparation of a will. Concludes that regardless of whether O’Bryan saw the list that contained the plaintiffs’ names and items they would receive, he knew that Linder intended to benefit anyone named on the list; therefore, the relatives are known third-party beneficiaries for purposes of Walker v. Lawson and are thus entitled to bring a legal malpractice action against O’Bryan. Judge Friedlander dissents.
In Re The Marriage of Debra Ann Fioritto (Weber) v. Victor Lynn Weber (NFP)
Domestic relation. The trial court erred in concluding that the husband’s spousal maintenance payments should be included in calculations pursuant to the suspension clause. Remands with instructions for the trial court to alter its judgment because husband’s spousal maintenance obligation for the period from February of 2009 through January of 2010 is $10,775.13. Affirms denial of attorney fees to wife.
Aleesha Duensing, Erica Buzalski, Kristi Buzalski and Ray Buzalski v. Wendy Johnson and Kris A. Frazier (NFP)
Civil collection. Affirms summary judgment for Johnson and Frazier in a defamation and slander lawsuit and denies their request for appellate attorney fees.
In Re the Marriage of Jennifer Sausaman and Gregory Sausaman; Jennifer Hutchens (Sausaman) v. Gregory Sausaman (NFP)
Domestic relation. Affirms denial of Hutchens’ petition to modify child custody. Remands to the trial court the issue of the amount of attorney fees due to Sausaman.
William Beeler v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.
In Re The Marriage of Patricia Sovinski and Patrick Sovinski; Patrick Sovinski v. Patricia Sovinski (NFP)
Domestic relation. Affirms order of educational support regarding son.
In Re the Paternity of S.P., W.V. v. R.P. (NFP)
Juvenile. Affirms denial of father’s motion to stay the provision of a child support withholding order pertaining to accrued arrearages.
Perfect North Slopes, Inc. v. Nicholas A. Searcy (NFP)
Civil tort. Affirms denial of Perfect North Slopes’ motion to set aside default judgment entered at the request of Searcy on his negligence lawsuit.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.