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Monday, August 28, 2006

Ind. Decisions - Court of Appeals issues 2 today (and 14 NFP)

For publication opinions today (2):

In Laurie Batchelor and Indiana Department of Corrections v. Sharon Batchelor, an 8-page opinion, Judge Baker writes:

Appellant-defendant Indiana Department of Correction (DOC) appeals from the trial court’s entry of judgment in favor of appellee-plaintiff Sharon Batchelor.1 In particular, the DOC contends that the trial court erred in finding that it breached a contractual duty to Ronald Batchelor, Sharon’s deceased husband. Concluding that the trial court improperly found that the DOC had a contractual responsibility to Ronald to ensure that he effected the appropriate beneficiary changes following a divorce, we reverse the judgment of the trial court. * * *

Although the result may be unfortunate, the simple reality is that Ronald made a mistake. Either he forgot to mention to the DOC payroll clerk that he wished to change the designated beneficiary of his basic life insurance coverage from Laurie to Sharon or he did mention it but neither inspected the forms he completed nor realized that he had not filled out a form regarding his basic life insurance coverage. Either way, nothing in the record supports a conclusion that the DOC is contractually required to insure that mistake. Thus, we conclude that the trial court erred in entering judgment in favor of Sharon.

In Angel M. Combs, et al. v. Gov. Mitch Daniels and Judith Monroe, a 9-page opinion, Judge Baker writes:
Appellants-plaintiffs Angel Marie Combs, along with eight other students of Silvercrest Children’s Development Center (Silvercrest) through their legal guardians, two Silvercrest employees, and the American Federation of State, County and Municipal Employees (collectively, “Appellants”), appeal from the trial court’s denial of their request for a preliminary injunction preventing the closure of Silvercrest ordered by Governor Mitchell Daniels in conjunction with Judith Monroe, the Commissioner of the State Department of Health (ISDH) (collectively, “Commissioner”). Specifically, they raise two issues, which we consolidate and restate as whether the trial court erred in holding that the Commissioner had complete administrative authority to close Silvercrest. We affirm the judgment of the trial court.
NFP civil opinions today (2):

Gary Roark v. Valerie Roark (NFP) - "The evidence before the trial court was insufficient to support the trial court’s imposition of the permanent protective order in Valerie’s favor. Reversed and remanded."

In the Matter of the Termination of the Parent-Child Relationship of J.B., minor child and Edgar Bradbury, natural father v. State of Indiana (NFP) - termination of parental rights. Affirmed.

NFP criminal opinions today (12) (link to cases):

William Randolph v. State of Indiana (NFP)

William Dewey King v. State of Indiana (NFP)

Aaron Dishman v. State of Indiana (NFP)

Alonda Wilson v. State of Indiana (NFP)

M. Cathy Ostler v. State of Indiana (NFP)

Dewey B. Williams v. State of Indiana (NFP)

Richard D. Dewitt v. State of Indiana (NFP)

A.P. v. State of Indiana (NFP)

Jimmy Dale Edwards v. State of Indiana (NFP)

Bryan Stone v. State of Indiana (NFP)

David G. Taylor v. State of Indiana (NFP)

Steven M. Johnson v. State of Indiana (NFP)

Posted by Marcia Oddi on August 28, 2006 01:17 PM
Posted to Ind. App.Ct. Decisions