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Friday, January 09, 2009

Ind. Decisions - Court of Appeals issues 0 today (and 10 NFP)

For publication opinions today (0):

NFP civil opinions today (3):

Termination of the Parent-Child Relationship of: M.B. & S.B. (NFP) - Via a NFP the Court writes: "We reviewed these issues in a published memorandum decision and determined that the addendum was void. We then affirmed the trial court's denial of Mother’s motion to set aside. [see ILB summary here from 10/31/08] Mother subsequently filed a petition for rehearing. We affirm our opinion today but grant Mother’s petition for rehearing for the limited purpose of addressing Mother’s contention that, in failing to consider the transcript from the February 2008 motion to set aside hearing, this Court failed to consider a pivotal piece of evidence and in so doing made erroneous findings." [ILB - Does App.Rule 65(D) mean we may cite the original opinion, but not this denial of rehearing?]

In the Matter of A.S. and A.S., Jr. (NFP) - "The trial court’s judgment terminating Mother’s parental rights to A.S. and A.S., Jr. is supported by clear and convincing evidence. We therefore find no error. Affirmed. "

Shenandoah School Corporation v. Shenandoah Education Association, et al (NFP) - "The Shenandoah School Corporation (“School”) appeals the trial court’s denial of its motion to correct error and the trial court’s dismissal of its petition for judicial review of a decision by the Indiana Education and Employment Relations Board (“IEERB”) in favor of the Shenandoah Education Association, Darci Hill, and Adalu Gray (“Teachers”). The School raises one issue, which we restate as whether the trial court abused its discretion by denying the School’s motion to correct error and by granting the Teachers’ motion to dismiss due to the School’s failure to timely file the agency record. The Teachers raise one issue, which we restate as whether they are entitled to attorney fees under Ind. Appellate Rule 66(E). We affirm. "

NFP criminal opinions today (7):

Jennifer Kathy Mickel v. State of Indiana (NFP)

Raphael Raphlah v. State of Indiana (NFP)

Terrance Figueroa v. State of Indiana (NFP)

Dwayne Sparkman v. State of Indiana (NFP)

Nicholas Lyons v. State of Indiana (NFP)

Wayne R. Kaley v. State of Indiana (NFP)

Eliverio Gallegos v. State of Indiana (NFP)

Posted by Marcia Oddi on January 9, 2009 11:22 AM
Posted to Ind. App.Ct. Decisions