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Opinions June 10, 2022

Court of Appeals of Indiana

In the Matter of R.A.M.O, Child in Need of Services, D.F., Mother, v. Indiana Department of Child Services
21A-JC-1873
Juvenile CHINS. Affirms the Johnson Circuit Court’s determination that R.A.M.O is a child in need of services. Finds the trial court did not abuse its discretion by resetting the factfinding hearing beyond the 120-day time limit established in Indiana Code section 31-34-11-1(b). Rejects mother’s claims that the juvenile court’s decision to continue the matter violated her right to due process and that she was denied the effective assistance of counsel.

Capitol riot panel blames Trump for 1/6 ‘attempted coup’

| Associated Press

The House panel investigating the Jan. 6 insurrection at the U.S. Capitol laid the blame firmly on Donald Trump Thursday night, saying the assault was hardly spontaneous but an “attempted coup” and a direct result of the defeated president’s effort to overturn the 2020 election.

Opinions June 9, 2022

Thursday’s opinions

Court of Appeals of Indiana 

Five Star Roofing Systems, Inc. D/B/A Five Star Commercial Roofing Systems Inc. v. Armored Guard Window & Door Group, Inc. D/B/A Pendleton Enterprises, Inc.
21A-PL-1964
Civil plenary. Affirms the grant of summary judgment, damages, and attorney fees in favor of Armored Guard Window & Door Group, Inc., doing business as Pendleton Enterprises, Inc. against Five Star Roofing Systems, Inc. Reverses the award of prejudgment interest with respect to the date the prejudgment interest began to accrue. Remands with instructions for the court to determine the appropriate amount of interest from Feb. 9, 2016.

 

Jan. 6 Capitol attack committee goes prime time with probe

| Associated Press

With never-seen video, new audio and a mass of evidence, the House committee investigating the Jan. 6 attack on the U.S. Capitol will attempt to show the “harrowing story” not only of the day’s deadly violence that erupted that day but also the chilling backstory as the defeated president, Donald Trump, tried to overturn Joe Biden’s election victory. Thursday’s prime-time hearing will open with eyewitness testimony from the […]

House passes gun control bill after Buffalo, Uvalde attacks

| Associated Press

The House passed a wide-ranging gun control bill Wednesday in response to recent mass shootings in Buffalo, New York, and Uvalde, Texas, that would raise the age limit for purchasing a semi-automatic rifle and prohibit the sale of ammunition magazines with a capacity of more than 15 rounds.

Opinions June 8, 2022

Court of Appeals of Indiana
Geist Lake Forest Property Owners’ Association, Inc. v. Taso’s Toys, LLC; Taso’s Toys, LLC v. Geist Lake Forest Property Owners’ Association, Inc., and RREF II RB-IN VM, LLC
21A-PL-2021
Civil Plenary. Affirms the Hamilton Superior Court’s finding that 2007 declaration of covenants, conditions and restrictions of Geist Lake Forest Subdivision was valid. Finds the Geist Lake Forest Property Owners’ Association and RREF II RB-IN VM LLC, were entitled to summary judgment as a matter of law that the association was validly formed. Holds the first amendment to the declaration did not exempt the lot owned by TT, an Indiana limited liability company, from the declaration’s requirements and that the non-residential building on TT’s property violated the declaration.

COA: Geist Lake homeowners had authority to create association

| Marilyn Odendahl

A group of homeowners argued that their feud with the developer of their subdivision put an issue of first impression before the Court of Appeals of Indiana, but the appellate panel ruled it did not have to rule on the larger issue because of the “clear and unambiguous language” of the declaration governing the use of the homeowners’ properties.