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Friday, April 27, 2007
Ind. Decisions - Court of Appeals issues 3 today (and 6 NFP)
For publication opinions today (3):
Virginia Meister v. State of Indiana and the City of Union City, Indiana - "Virginia Meister appeals the trial court’s judgment forfeiting her truck, which was seized after her son, John Wymer, drove her truck, was arrested for driving while suspended, and had methamphetamine in the truck." Affirmed.
John L. Brimhall and Courtney Brimhall v. Jeffrey A. Brewster and Autumn Brewster - "John and Courtney Brimhall appeal the trial court’s grant of Jeffrey and Autumn Brewster’s Motion for Relief from Entry of Judgment, filed pursuant to Ind. Trial Rule 60(B)(8). The Brimhalls present the following consolidated and restated issue for review: Did the trial court properly grant the Brewsters’ T.R. 60(B)(8) motion, which reinstated the Brewsters’ cause of action against the Brimhalls? We affirm."
James H. Higgason, Jr. v. Indiana Department of Correction - "Under I.C. § 34-58-1-2, a trial court may dismiss an offender’s claim if it determines the claim is frivolous, not a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from liability. Here, the trial court dismissed Higgason’s Complaint pursuant to I.C. § 34-58-2-1, which provides that if an offender has filed at least three civil actions in which a state court has dismissed the action or claim under I.C. § 34-58-1-2, the offender may not file a new complaint or petition unless a court determines that he is in immediate danger of serious bodily injury. * * * Higgason has filed more than a hundred complaints in his thirty-plus years of incarceration, and has occupied valuable time and resources of the trial court, this court, as well as our supreme court. Furthermore, we find nothing in the record to substantiate Higgason’s claim that he is immediate danger of serious bodily injury. * * * Based on the foregoing, we conclude that the trial court properly dismissed Higgason’s Complaint pursuant to I.C. § 34-58-2-1. Affirmed.
NFP civil opinions today (2):
In the Matter of the Involuntary Termination of Parent-Child Relationship of J.L.: Erica Lockett v. Marion County Office of Family and Children (NFP) - termination, affirmed.
Indiana Patient's Compensation Fund v. Ruth Hoeflin-Oakley, Robert Oakley, and Faith Oakley (NFP) - "Here, neither Ruth nor Robert was the actual victim of the malpractice, and they may not recover under their own statutory caps. As Faith has already been awarded the statutory maximum recovery for her injury, her parents cannot recover additional excess damages from the Fund. The trial court’s separate awards to Ruth and Robert are, therefore, reversed."
NFP criminal opinions today (4):
State of Indiana v. Kelly Fowler (NFP)
Tameka Cathey v. State of Indiana (NFP)
Jody Lee Sinclair v. State of Indiana (NFP)
Todd Eugene Trumann v. State of Indiana (NFP)
Posted by Marcia Oddi on April 27, 2007 12:14 PM
Posted to Ind. App.Ct. Decisions