Indy archdiocese can’t collect sex-abuse legal fees from insurer
An insurance company won’t have to pay the Roman Catholic Archdiocese of Indianapolis’ legal fees and costs associated with defending claims of sexual abuse.
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Opinions March 8, 2013 ILD
Indiana Court of Appeals
Cheryl L. Schlimpert v. Timothy M. Schlimpert (NFP)
71A03-1206-DR-297
Domestic relations. Dismisses, concluding wife did not file a timely appeal.
Clark Sales & Service, Inc. v. John D. Smith and Ferguson Enterprises, Inc. (NFP)
49A04-1208-PL-387
Civil plenary. Reverses and remands on interlocutory appeal a preliminary injunction granted to Clark’s based on terms of a non-disclosure agreement.
In the Matter of the Supervised Estate of George Lee Coon, Mark A. Coon v. Allen W. Coon, Donald L. Moster, Jr., and Beverly S. Moster (NFP)
70A01-1208-ES-384
Estate. Affirms summary judgment and concludes that evidence of a postnuptial agreement was properly admitted.
Davion Peterson v. Sandra Owen (NFP)
49A02-1207-PO-596
Protection order. Affirms Owen’s protection order.
Curtis Porter v. State of Indiana (NFP)
49A05-1204-CR-191
Criminal. Affirms conviction and 40-year sentence for Class A felony child molesting.
Ivan Gonzalez v. State of Indiana (NFP)
43A03-1207-CR-334
Criminal. Affirms convictions of two counts of Class D felony intimidation and a count of Class B misdemeanor visiting a common nuisance.
Oo Aka v. State of Indiana (NFP)
49A02-1207-CR-560
Criminal. Affirms convictions of Class D felony and a Class A misdemeanor domestic battery.
Andrew Abbott v. State of Indiana (NFP)
33A01-1201-CR-16
Criminal. Affirms conviction of Class D felony receiving stolen property, but remands to the trial court for proceedings to recalculate pretrial detention credit for time served.
Gateway West Townhouse Association, Barry J. Stern and Judy C. Stern v. Metropolitan Development Commission of Marion County v. SF Industrial Properties-Indianapolis, LLC (NFP)
49A02-1208-MI-680
Miscellaneous/zoning. Affirms trial court dismissal of a petition for judicial review of a zoning variance granted to SF Industrial.
Allen G. Parker v. State of Indiana (NFP)
49A02-1206-CR-503
Criminal. Affirms convictions of murder, robbery and confinement.
Jamie Farmer v. State of Indiana (NFP)
09A04-1208-CR-448
Criminal. Affirms conviction and sentence for Class B felony dealing in a schedule II controlled substance.
Scott Rose v. J.Z. and J.Z. (Adoptive Parents) (NFP)
32A05-1207-AD-361
Adoption. Affirms trial court denial of motion to set aside adoption decree.
Benito S. Gamba, Hilda P. Gamba and Gamba Real Estate Holdings, LLC v. The Ross Group Inc./Ticor Title Insurance Co. v. The Ross Group Inc., Benito Gamba, Hilda Gamba, et al. (NFP)
45A03-1202-PL-92
Civil plenary. Reaffirms in rehearing prior ruling that the Gamba interests are liable for a construction-cost overage.
J.W.S. v. State of Indiana (NFP)
20A04-1207-JV-373
Juvenile. Affirms adjudication as a juvenile delinquent for what would have been a Class D felony conviction of criminal gang activity if committed by an adult.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeal issued no Indiana decisions by IL deadline.
Gingerich reversal won’t get high court review
A boy believed to be the youngest person convicted as an adult in Indiana will get a fresh start in juvenile court after the Indiana Supreme Court let stand a reversal of his conviction.
2 Indianapolis attorneys charged with felonies
Two Indianapolis attorneys are facing criminal charges after the Marion County prosecutor filed charges in unrelated cases.
Opinions March 8, 2013
Indiana Court of Appeals
In the Matter of the Supervised Estate of Evelyn Garrard; Ronald Garrard v. Debra L. Teibel and Douglas Grimmer and Debra Lindsay
45A03-1111-PL-547
Civil plenary. Affirms summary judgments in favor of Teibel, Grimmer and Lindsay, holding that Garrard had waived all issues on appeal and failed to show an issue of material fact existed. The court also warned Garrard about language in pleadings that disparaged other parties to the litigation and the bench.
Separate notice argument not enough to vacate small claims judgment
A business’s argument that it should have been served with a separate notice of a small claims action was rejected by the Indiana Court of Appeals Friday.
Southern District Bankruptcy Court to cease certain Chapter 13 notices
The Bankruptcy Court for the Southern District of Indiana will no longer issue notices of impending closure without discharge in Chapter 13 cases.
Lake County man warned against disparaging bench
A Lake County man with a history of filing unsupported allegations and derogatory comments in pleadings was rebuffed on his latest appearance before the Indiana Court of Appeals, which warned him against disparaging the bench.
Gingerich reversal won’t get high court review
The Indiana Supreme Court will let stand the reversal of a trial court’s adult conviction and 25-year executed sentence for Paul Henry Gingerich, who was 12 at the time he and an older boy shot and killed a Kosciusko County man.
Opinions March 7, 2013 ILD
Indiana Court of Appeals
In Re The Matter of K.W. and B.W., Children in Need of Services: A.W. v. Indiana Dept. of Child Services (NFP)
32A05-1210-JC-537
Juvenile. Affirms court’s approval of K.W. and B.W. relocating with maternal grandparents to Wisconsin after they were placed with the grandparents following being adjudicated as children in need of services.
Dale Hite v. State of Indiana (NFP)
75A03-1208-CR-355
Criminal. Affirms two convictions of Class B felony law enforcement and sentence.
Kenneth Hunter v. Deborah Goodrich and Paul Goodrich (NFP)
07A05-1205-GU-244
Guardianship. Affirms denial of the Hunters’ petition to remove the Goodriches as P.G.’s guardian and name them as P.G.’s successor guardians.
Q.P. v. State of Indiana (NFP)
79A02-1207-JV-609
Juvenile. Affirms order awarding wardship of Q.P. to the Indiana Department of Correction for housing in a correction facility for children.
Indiana Public Employee Retirement Fund (PERF) v. Robert O. Effner (NFP)
84A05-1208-MI-410
Miscellaneous. Reverses award of PERF benefits to Effner to a date more than four years before he applied for benefits. Remands for proceedings consistent with the opinion.
Victor Ponce v. State of Indiana (NFP)
20A04-1208-PC-396
Post conviction. Affirms denial of petition for post-conviction relief.
Imani Clark v. State of Indiana (NFP)
49A02-1208-CR-630
Criminal. Affirms revocation of probation.
In the Matter of the Termination of the Parent-Child Relationshp of: A.A., S.T., and C.P.; and A.A. v. The Indiana Department of Child Services (NFP)
49A02-1206-JT-511
Juvenile. Affirms involuntary termination of parental rights.
The Indiana Tax Court posted no opinions at IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions March 7, 2013
Indiana Supreme Court
In Re: Visitation M.L.B.: K.J.R. v. M.A.B.
41S01-1209-MI-556
Miscellaneous. Rules despite the trial court’s ample “best interests” findings, the lack of findings on the other three factors, both standing alone and as compounded by the extensive visitation awarded without those necessary findings, violates Mother’s fundamental right to direct M.L.B.’s upbringing. Remands for a new entry of findings and conclusions revealing the court’s consideration of all four McCune/K.I. factors, without a new hearing.
Man’s conviction of auto theft upheld
Although a trial court’s refusal to give a defendant’s jury instruction was an error, it was harmless and his felony auto theft conviction should be affirmed, the Indiana Court of Appeals ruled.
Moberly’s official swearing-in ceremony Friday
United States Bankruptcy Judge Robyn L. Moberly will be formally sworn-in at a ceremony Friday at the Birch Bayh Federal Building and U.S. Courthouse in Indianapolis.
Lawsuit accuses BMV of overcharging for driver’s licenses
A lawsuit filed in Marion County claims that the Indiana Bureau of Motor Vehicles has overcharged residents for their driver’s licenses by as much as $7 per license.
Justices remand for more proceedings on grandparent visitation order
After finding a grandparent visitation order entered in Johnson County is voidable because of defects, the Indiana Supreme Court sent the case back to the trial court for new findings and conclusions without hearing new evidence.
State didn’t prove man committed trespass
The Indiana Court of Appeals reversed a criminal trespass conviction for a Marion County man after finding the state didn’t prove a material element of the crime.
Judge turns away challenge to smoking ordinance
A federal judge has denied a challenge to a smoking ordinance passed last year by the Indianapolis-Marion County City-County Council.
Opinions March 6, 2013 ILD
Indiana Court of Appeals
The First Baptist Church of Hammond v. Felipe Andrade, a minor, by his mother and custodial parent, Manuela Andrade (NFP)
45A05-1207-CT-354
Civil tort. Affirms jury verdict in favor of Felipe Andrade on his lawsuit after he was injured at an activity hosted by the church, the finding he was 45 percent at fault for his injuries, and reduction of his recovery accordingly.
Damion Martin v. State of Indiana (NFP)
49A02-1206-CR-473
Criminal. Affirms convictions of two counts of murder, one count of Class B felony aggravated battery, and three counts of Class C felony battery.
Brian Rinearson v. State of Indiana (NFP)
34A02-1209-CR-715
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license and sentence of 365 days incarceration, all suspended.
City of Muncie v. Stanley Benford (NFP)
18A02-1207-CR-549
Criminal. Affirms order setting aside an earlier order dismissing a forfeiture claim brought by the city against Stanley Benford.
Leonard Beaty v. State of Indiana (NFP)
71A04-1107-CR-384
Criminal. Affirms three convictions of Class A felony child molesting.
In the Matter of: B.G., a Child in Need of Services; B.T. v. Indiana Department of Child Services (NFP)
49A02-1208-JC-642
Juvenile. Affirms adjudication of B.G. as a child in need of services.
Calvin Horton v. State of Indiana (NFP)
49A05-1207-CR-371
Criminal. Affirms revocation of placement in community corrections and order that Horton serve remainder of his sentence at the Department of Correction.
Christopher Groce and Tracey Groce v. American Family Insurance Company and Michael A. Meek (NFP)
48A02-1208-CT-703
Civil tort. Affirms summary judgment for American Family and Meek after the Groces filed a complaint for damages against them alleging negligence and breach of contract.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions March 6, 2013
Indiana Supreme Court
Holiday Hospitality Franchising, Inc. v. Amco Insurance Company
33S01-1206-CT-312
Civil tort. Affirms summary judgment for Amco Insurance Co. on its motion for declaratory judgment to enforce its reading of the insurance contract with the hotel disclaiming coverage for, and its duty to defend against, a civil complaint brought by a motel guest molested by an off-duty motel employee. The facts of the case reflect precisely the sort of scenario contemplated by the parties to be excluded from coverage when they agreed to the insurance contract. Chief Justice Dickson concurs and Justice Rucker dissents.
Majority sides with hotel in lawsuit stemming from molestation
A divided Indiana Supreme Court affirmed summary judgment for a hotel, its owner and the hotel franchisor that the hotel’s insurance company had no duty to defend a civil complaint brought by a minor motel guest who was molested by an off-duty employee.