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Wednesday, December 27, 2006
Ind. Decisions - Court of Appeals issues 8 today (and 13 NFP)
For publication opinions today (8):
Sherry Thomison v. IK Indy, Inc. - "We conclude that the trial court had personal jurisdiction over Thomison. See e.g. Munster, 829 N.E.2d at 63 (citing Boczar as holding that “failure to follow up delivery of a complaint and summons under Trial Rule 4.1(A)(3) with mailing of a summons under Trial Rule 4.1(B) does not constitute ineffective service of process if the subject of the summons does not dispute actually having received the complaint and summons” and holding that the failure to mail a copy of the summons as required by Ind. Trial Rule 4.1(B) was not fatal to plaintiff’s attempt to serve defendant when defendant confirmed he had received complaint and summons)."
Jill Mackey v. Estate of Meid Creighton Mackey - "We conclude that Jill did not have an adequate opportunity to prepare and present evidence regarding the value of the marital estate and the value of marital property that she received. Consequently, we must reverse the trial court’s order."
Juan Jose Espinoza v. State of Indiana
Josef Whalen v. M. Doed, LLC - "Whalen raises two issues, which we consolidate and restate as whether the trial court’s order granting Doed’s petition for a tax deed is clearly erroneous. We affirm."
Michael Kent Hamilton v. Lilly Lois Hamilton
In Virginia Hartman and Suzanne Swinehart v. Dr. Gabe Keri, a 25-page, 2-1 opinion, Judge Najam writes:
Suzanne Swinehart and Virginia Hartman bring this interlocutory appeal following the trial court’s denial of their motion for summary judgment. We address a single dispositive issue on review, namely, whether communications made in the course of official proceedings brought under the antiharassment policies of The Trustees of Purdue University (“Purdue”) are protected by an absolute privilege. We reverse. * * *Misty Marie Howell v. State of Indiana - sentencing; reversed and remanded. [More] See this 12/29/06 ILB entry for press coverage.Thus, we hold that an absolute privilege is essential to protect the integrity of the judicial functions embodied by the antiharassment proceeding. As such, Keri cannot maintain an action for defamation against Swinehart and Hartman based on the Purdue complaints, and Swinehart and Hartman are entitled to summary judgment. Reversed.
FRIEDLANDER, J., concurs.
DARDEN, J., dissents with separate opinion. [which begins on p. 23]I respectfully dissent to the majority’s conclusion that absolute privilege applies here.
Brian L. Bennett v. Carole Broderick - "In sum, we conclude that on June 20, 2005, Broderick and Bennett entered into a binding contract for the lease of her rental property. Bennett accepted Broderick’s offer to lease the property when he executed the lease. And Bennett’s delivery of a check for the security deposit, even though postdated, met the term of the lease requiring a security deposit to be paid upon execution of the lease and constituted payment of that amount. Broderick had no right to rely on the opinion of a teller employed by the depositary bank that Bennett’s check would not be honored by his bank, the payor bank. Thus, Broderick’s repudiation of the lease in late July was a breach of the lease."
NFP civil opinions today (3):
Melissa Oliver v. Jennings County Division of Family & Children (NFP)
David Foster v. Darryl K. Ables and Risa A. Ables (NFP)
In the Matter of the Paternity of K.D.S, S.E.Q. and I.A.J.S. (NFP)
NFP criminal opinions today (10) (link to cases):
Maurice D. Boatman v. State of Indiana (NFP)
Carl Erlewein, Jr. v. State of Indiana (NFP)
Kerry M. Adkins v. State of Indiana (NFP)
Donald L. Nugent v. State of Indiana (NFP)
Jeff Arthur v. State of Indiana (NFP)
Mark Todd v. State of Indiana (NFP)
Arnetia Seals v. State of Indiana (NFP)
Hannah L. Stone v. State of Indiana (NFP)
Carl E. Yeagley v. State of Indiana (NFP)
John McDowell v. State of Indiana (NFP)
Posted by Marcia Oddi on December 27, 2006 04:14 PM
Posted to Ind. App.Ct. Decisions