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Abrams: Resolutions for the New Year from the IndyBar

While I am effectively a lame duck president writing this article and while my successor, John Trimble, effectively began his term at 12:01 AM on Jan. 1st, he is not sworn in until Jan. 29, 2015, and thus I have the role of continuing to write two more articles for your reading pleasure.

Opinions Jan. 13, 2015 ILD

Indiana Court of Appeals
In Re the Matter of the Paternity of: A.M. by Next Friend, E.D.A. v. B.K.S. (NFP)
82A01-1402-JP-55
Juvenile. Affirms trial court’s award of physical custody of daughter A.S. to father B.S. and denial of mother’s petition to relocate.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of C.C.K., Minor Child, and his Mother C.F., C.F. v. Indiana Department of Child Services (NFP)
30A01-1405-JT-215
Juvenile. Affirms termination of parental rights.

Charles Farrell, III v. State of Indiana (NFP)
20A05-1403-PC-105
Post conviction. Affirms denial of petition for post-conviction relief.

Megan N. Kinsel v. State of Indiana (NFP)
84A04-1408-CR-406
Criminal. Affirms revocation of probation.

Michael A. Patton v. Stardust Transportation, LLC (NFP)
49A05-1402-PL-59
Civil plenary. Affirms in part and reverses in part. The trial court did not err in finding the wage deduction statute was inapplicable to Stardust’s practice of reconciling advance payments. It was not an abuse of discretion for the court to exclude evidence of Patton’s vacation wage claim. The court did abuse discretion in denying Stardust’s motion to amend its answer to include a compulsory counterclaim. Remanded for further proceedings.

Timothy McNamara, Tamara Goodfellow, and Teresa Melton v. Zollman Farms, Inc., Testamentary Trust of Jack D. Roller, and Thomas Michael Carr (NFP)
36A05-1404-PL-180
Civil plenary. Reverses trial court conclusion that a path from a county road to 40 landlocked acres was not a public road by use. Remands with instructions to enter judgment in favor of appellants and for further proceedings such as determining the width of the road and any additional relief to which appellants may be entitled.

Willie Hawkins v. State of Indiana (NFP)
49A04-1401-CR-27
Criminal. Affirms in part, reverses in part and remands Hawkins’ convictions of Class C felony corrupt business influence, Class C felony burglary, and 12 counts of Class D felony theft. Reverses one theft conviction due to the burglary conviction. Remands to the trial court to vacate conviction on that count.

 

Opinions Jan. 13, 2015

Indiana Court of Appeals
Thrasher Buschmann & Voelkel, P.C. v. Adpoint, Inc., Joel Hall, and Mary Hall
49A02-1406-CC-430
Collections. Affirms trial court denial of Thrasher Buschmann & Voelkel’s motion for summary judgment and reverses the grant of Adpoint’s motion for summary judgment and order that the amount of legal fees owed by Adpoint to the law firm was $11,085.50. The court erred in granting summary judgment to Adpoint based on res judicata and collateral estoppel. Remands to the trial court to determine the amount Adpoint owes TBV for its representation in underlying litigation.

Appeals court remands grandparents’ visitation order

Grandparents rightly were awarded visitation with their granddaughter after their daughter died, but the Court of Appeals ruled Tuesday a trial court abused its discretion in establishing the amount of time grandparents could spend with the child.

Meet the 2015 DTCI board of directors

At the November annual meeting of the Defense Trial Counsel of Indiana, the following officers and directors were elected. They assumed office Jan. 1, 2015.

IU’s Henderson named most influential in legal education

Indiana University Maurer School of Law Professor William Henderson is the nation’s most influential person in legal education, according to rankings appearing in the January 2015 edition of National Jurist magazine. IU announced the selection Jan. 8. “Firmly in the intellectual category, (Henderson) is nothing if not consistent, speaking strongly for the need of serious […]

Living Fit: Aerobic exercise or resistance exercise?

The hard-core cardio junkies swear by aerobic exercise as the best way to lose weight, get fit and remain lean. Yet, those who are diehard weightlifters or yoga and Pilates fanatics claim that resistance exercise is the only way to lose weight and become strong and lean. What’s the answer?

Bell: 3 things to know about the ethics of interviewing witnesses

January brings frigid temperatures, snow and icy roads. In other words, it is a perfect time for you to knock on doors and conduct a field investigation. But before you put your coat on and head out to find that needle-in-a-haystack witness who will save your case, remember that there are ethical rules regarding how you deal with witnesses.

Zoeller: Use depositions over interrogatories in family law matters

We’ve all received the responses to interrogatories so doctored by opposing counsel there is virtually no substance, or so littered with objections and qualifications that the answer is meaningless. So for many years my solution to this problem has been to take depositions. I will outline a few of the reasons more family law practitioners should do the same.