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Tuesday, April 08, 2008
Ind. Decisions - Court of Appeals issues 3 today (and 15 NFP)
For publication opinions today (3):
In Charles Hyte Comm. Center Assoc. of Terre Haute v. City of Terre Haute Park Board, an 8-page opinion, Judge Vaidik writes:
The Charles T. Hyte Community Center Association of Terre Haute, Inc. (“Hyte”) appeals the trial court’s grant of the City of Terre Haute Park Board’s (“the City”) motion for summary judgment. Specifically, Hyte argues that the trial court erred in granting the City summary judgment because there are genuine issues of material fact regarding the ownership of the real estate in question and that the court erred by not issuing findings of fact and conclusions of law. Finding that there are no genuine issues of material fact and that the trial court did not need to issue findings of fact and conclusions of law, we affirm.Stanley R. Reid v. State of Indiana - "Here, as in Townsend, Reid failed to submit any evidence to support his petition. Without evidence regarding his diligence and lack of fault, Reid cannot have met his burden of proof. The trial court erred when it granted his petition to file a belated notice of appeal, and we dismiss Reid’s appeal for lack of jurisdiction. Dismissed."
Carl and Theresa Fitz v. Rust-Oleum Corporation. - "Third-Party Plaintiffs/Defendants/Appellants Rust-Oleum Corporation and ROC Sales, Inc. (collectively “Rust-Oleum”) appeal the trial court’s entry of summary judgment in favor of Third-Party Defendant/Appellee United States Can Company (U.S. Can). We reverse in part, affirm in part and remand."
NFP civil opinions today (5):
Robert E. Smithson v. Kelli L. Smithson (NFP) - "Robert E. Smithson (“Father”) appeals the trial court’s denial of his petition for registration of foreign child support order as well as the trial court’s award of attorney fees to Kelli L. Smithson (“Mother”). We reverse in part, vacate in part, and remand."
In Re. the Term. of the Parent-Child Rel. of J.M. and Nicole R. v. Delaware County Department of Child Services (NFP) - "Concluding that the trial court’s judgment terminating Mother’s parental rights was not clearly erroneous, we affirm."
William and Ruth Finke v. Northern Indiana Public Service Co., Mercantile National Bank, et al (NFP) - "William and Ruth Finke appeal an entry of summary judgment in favor of Northern Indiana Public Service Company (NIPSCO) and the Town of Highland (Highland) on the basis that the Finkes’ claim is barred by res judicata in this quiet title action involving a tract of land that was formerly part of a railroad corridor, since abandoned. The Finkes present several issues for review but we address only one, which we deem to be dispositive. That issue is: Is the Finkes’ quiet title action barred by res judicata? We affirm."
In Re. the Invol. Term. of the Parent-Child Rel. of N.T. and R.T., Father v. Tippecanoe County Department of Child Services (NFP) - "R.T. (“Father”) appeals the involuntary termination of his parental rights to his son, N.T. We affirm."
Wickes Furniture v. Borce Gorgijovski (NFP) - "Appellant-Defendant Wickes Furniture Company (“Wickes”) appeals from the decision of the Indiana Worker’s Compensation Board (“the Board”) awarding Appellee-Plaintiff Borce Gorgijovski medical expenses and temporary total disability benefits for injuries sustained during his employment. Upon appeal, Wickes raises several issues, one of which we find dispositive: whether the Board’s findings of fact were inadequate to permit appellate review. Determining that the Board’s findings do not contain the requisite specificity to permit meaningful review, we reverse and remand for proceedings consistent with this opinion."
NFP criminal opinions today (10):
Brian K. Morgan v. State of Indiana (NFP)
Jeremy A. Britton v. State of Indiana (NFP)
Ronald D. Fields v. State of Indiana (NFP)
Daniel Wolfe v. State of Indiana (NFP)
Omar Abdi Abshir v. State of Indiana (NFP)
William Smiechowski v. State of Indiana (NFP)
Robert Jeffrey Pelley v. State of Indiana (NFP) [NOTE: As of this evening, this case, originally listed as "NFP", is now listed as For Publication on the Clerk's website. See the ILB entry here.]
Kevin E. Dean v. State of Indiana (NFP)
Julie D. Gray v. State of Indiana (NFP)
Terri Cole v. State of Indiana (NFP)
Posted by Marcia Oddi on April 8, 2008 02:39 PM
Posted to Ind. App.Ct. Decisions