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Opinions Feb. 26, 2015

February 26, 2015

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
Betty Ruth Nelson v. Peggy Holinga Katona, individually and in her official capacity as Lake County Auditor, et al.
13-1652
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Joseph S. Van Bokkelen.
Civil. Affirms judgment entered against Nelson on her lawsuit that she was unlawfully terminated from her job in the auditor’s office because of her political support of Barack Obama. Nelson failed to file any post-verdict motions.

Thursday’s opinions
Indiana Court of Appeals

Julie M. Fetters v. Jay M. Fetters
68A01-1404-DR-167
Domestic relation. Reverses division of property in the Fetters’ divorce following the court’s decision to enforce a premarital agreement. Finds the premarital agreement is unconscionable as a matter of law based in part on the fact that Julie Fetters was a minor when she entered into the agreement and did not understand it before signing it, and the trial court erred in finding she is time-barred from challenging it. Remands with instructions.

Skyline Roofing & Sheet Metal Company, Inc. v. Ziolkowski Construction, Inc. and United Union Roofers, Waterproofers and Allied Workers Local #26
71A03-1406-PL-217
Civil plenary. Reverses summary judgment in favor of Ziolkowski Construction on Skyline’s lawsuit that the defendants violated Indiana’s Antitrust Act. The evidence in this cases raises at a minimum a genuine issue of material fact that Ziolkowski colluded to substitute a non-union contractor with a union contractor. Remands for further proceedings.

Indiana Bureau of Motor Vehicles v. Jennifer M. Gurtner
50A03-1407-MI-256
Miscellaneous. Reverses grant of petition for judicial review filed by Gurtner after her license was suspended for failure to provide proof of financial responsibility following a car accident. She did not adequately avail herself of the available statutory remedies first.

In the Matter of the Civil Commitment of R.P. v. Optional Behavior MHS
49A05-1405-MH-240
Mental health. Affirms order of involuntary commitment for a period not to exceed 90 days. The trial court properly ordered R.P.’s involuntary commitment because he presented a danger to others pursuant to I.C. 12-26-6-1.

Thomas L. Arflack v. Town of Chandler, Indiana; Chandler Town Council; and Town of Chandler Advisory Plan Commission
87A01-1406-PL-273
Civil plenary. Reverses grant of the defendants’ motion to dismiss Arflack’s complaint for failure to state a claim pursuant to Ind. Trial Rule 12(B)(6). Arflack filed his verified complaint within the 30-day time period, so his cause of action is not time-barred and he sufficiently asserted a factual scenario in which a legally actionable injury has occurred. Remands for further proceedings. Chief Judge Vaidik concurs in result in separate opinion.

Tonya Windell v. Portfolio Recovery Associates, LLC (mem. dec.)
31A04-1409-CC-429
Civil collection. Affirms summary judgment in favor of Portfolio Recovery Associates on its complaint for collection of credit card debt.

Larry Lefler v. State of Indiana (mem. dec.)
82A05-1408-PC-407
Post conviction. Affirms denial of petition for post-conviction relief.

In the Matter of the Termination of the Parent-Child Relationship of K.E., Child and J.E. (Father) and S.S. (Mother) v. Indiana Department of Child Services (mem. dec.)

82A04-1407-JT-320
Juvenile. Affirms termination of parental rights.

Stephen Schauf v. State of Indiana (mem. dec.)

49A02-1406-CR-444
Criminal. Affirms conviction of Class B misdemeanor battery.

Marco Webster v. State of Indiana (mem. dec.)
49A02-1404-CR-253
Criminal. Affirms convictions of four counts of Class B felony robbery while armed with a deadly weapon and one count of Class A felony robbery resulting in serious bodily injury.

D'Andre Driver v. State of Indiana (mem. dec.)
49A02-1407-CR-487
Criminal. Affirms convictions for Class C felony forgery and Class D felony theft.

Beth Marquardt v. Rick L. Barnes and State of Indiana (mem. dec.)
90A02-1406-JP-410
Juvenile. Affirms in part and reverses in part order modifying child support. Remands for reduction of credit assigned to father for overnight parenting time until the child is three years of age and for the entry of a revised order and child support obligation worksheet reflecting this adjustment.

Brandy L. Lawson v. State of Indiana (mem. dec.)
29A05-1408-CR-366
Criminal. Affirms sentence for Class D felony resisting law enforcement.

 

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