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Friday, December 11, 2009

Ind. Decisions - Two more NFP COA decisions reclassified

The cases are:

Indiana Bureau of Motor Vehicles, et al. v. Heather Charles (49A04-0906-CV-308) - NFP opinion issued 10/14/09; Appellee's motion to publish 11/06/09; Opinion certified 11/24/09; Appellee's motion to publish granted 12/04/09. From the opinion:

In sum, we conclude that the trial court properly vacated the first contempt order, but erred in issuing the second contempt order. Accordingly, we reverse and remand for further proceedings consistent with this decision. However, we address the BMV’s other issues to the extent that they may arise on remand.

[Agency as a “Person”] The BMV contends that, as an agency, it cannot be held in contempt of court. We disagree. Although the civil contempt statute speaks in terms of “a person” who willfully disobeys a court order, Ind. Code § 34-47-3-1, case law supports a trial court’s authority to issue orders against entities. [cites omitted]

[Verification of Petition] The BMV contends that Charles’s unverified petition cannot serve as a basis for a rule to show cause. We agree. * * * Because Charles’s petition lacks verification by oath, it fails to meet the statutory requirements.

M.M. v. Review Board of the Indiana Dept. of Workforce Development, et al. (93A02-0905-EX-423) - NFP opinion issued 10/20/09; Appellee's motion to publish 11/06/09; Opinion certified 12/02/09; Appellee's motion to publish granted 12/09/09.

[ILB note, plaintiff, now called "M.M.", was identified by name when the opinion was issued on Oct. 20, but the posted opinion has now been altered without comment, showing once again that online documents are not as reliable as one would hope, even if they are court documents.] From the opinion:

Although M.M. is not disqualified from receiving unemployment benefits under Indiana Code chapter 22-4-15, he cannot establish his eligibility to receive benefits under Indiana Code chapter 22-4-14 because he is unable to work. See I.C. § 22-4-14-3(b). Accordingly, we affirm the Review Board’s decision that McMann is ineligible to receive unemployment insurance benefits.

Posted by Marcia Oddi on December 11, 2009 02:06 PM
Posted to Ind. App.Ct. Decisions