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Monday, February 27, 2006

Ind. Decisions - Court of Appeals decides three today

In Franklin College v. Shannon B. Turner, an 11-page opinion, Judge Najam writes:

Franklin College (“Franklin”) appeals from the trial court’s denial of its motion to correct error in an action to collect on a delinquent student loan from Shannon B. Turner. *** We affirm.
In Stump Home Specialties Manufacturing v. Durwin Miller, an 8-page opinion, Judge Najam writes:
Stump Home Specialties Manufacturing (“Stump”) appeals from the Worker’s Compensation Board’s (“the Board”) grant of Durwin Miller’s Application for Change of Condition. Stump presents a single dispositive issue for our review, namely, whether the Board abused its discretion when it found that Miller’s Application was timely filed under Indiana Code Section 22-3-3-27(c). We affirm. * * *

Of course, the date of Maximum Medical Improvement will not necessarily be the starting date for PPI benefits in every case, since the parties can agree or the Board might find otherwise depending on the circumstances. But where, as here, the Board makes such a determination and it is supported by the evidence, we will not reverse that decision. Stump has not cited to any Indiana precedent showing that the Board was without authority to decide this issue or that its determination is an error of law. We affirm the Board’s decision on Miller’s Application for Change of Condition.

In Jason J. Green v. Laura S. Green, a 12-page opinion, Judge Vaidik writes:
Jason Green appeals the trial court’s denial of his petition to modify custody of his ten-year-old son, B.G. Jason requested a modification upon learning that his ex-wife and B.G.’s mother, Laura Green, was planning to relocate to the state of Iowa. We find that the trial court failed to make a proper assessment of B.G.’s best interests, as required under Indiana Code § 31-17-2-8, and it therefore abused its discretion when it denied Jason’s petition for modification. Reversed and remanded.

Posted by Marcia Oddi on February 27, 2006 11:57 AM
Posted to Ind. App.Ct. Decisions