« Courts - More on: Federal judge John Daniel Tinder (SD Ind.) nominated to 7th Circuit | Main | Ind. Courts - More on Van Bokkelen Steps Down as U.S. Attorney »

Monday, July 23, 2007

Ind. Decisions - Court of Appeals issues 2 today (and 7 NFP)

For publication opinions today (2):

In In the Matter of the Guardianship of J.E.M., a minor; Maxine E. Handshoe v. Jessica L. Ridgway , an 11-page opinion, Judge Barnes writes:

Case Summary. Maxine Handshoe appeals the trial court’s termination of her visitation privileges with her biological grandson, J.M. We reverse and remand.

Issue. The sole restated issued is whether the adoption of J.M.’s adult mother, Jessica Ridgway, automatically terminated as a matter of law any rights Handshoe had to visitation with J.M. * * *

We reverse the termination of Handshoe’s visitation privileges and remand to the trial court for further consideration of Ridgway’s motion for termination in light of the best interests standard of the GVA and our holding in McCune recited earlier. We would note that although we have held that Ridgway’s adoption does not automatically preclude visitation with J.M. by Handshoe, Ridgway’s decision to sever ties with Handshoe certainly may be a valid and substantial consideration in deciding whether it is proper to allow further visitation. We also observe, as did the Worley court, that Handshoe would not be able to seek visitation with any children of Ridgway’s born after her adoption by the Muellers.

In the 9-page opinion, In the Matter of the Estate of Mark R. Holt, Judge Bailey writes:
Richard A. Holt (“Richard”) appeals a negative judgment entered upon his Petition for Determination of Heirship wherein he requested that the probate division of the Porter County Superior Court declare the remarriage of decedent Mark R. Holt (“Mark”) and Cindy Jo Holt (“Cindy”) void due to Mark’s mental incompetency. We affirm.
NFP civil opinions today (2):

Christopher A. Verbert, Sr. v. Atashia Lynn Wildey (NFP) - "Christopher A. Vebert, Sr. (“Vebert”), acting pro se, appeals the small claims court’s (“the trial court”) negative judgment against him regarding his entitlement to a diamond ring or its monetary equivalent. Verbert alleges that he gave Atashia Lynn Wildey (“Wildey”) a diamond ring accompanied by proposal of marriage and that the parties agreed Wildey would return the ring to Vebert if they ended their relationship prior to marriage. The trial court concluded that Vebert failed to carry his burden of proof in showing that he was entitled to the return of any engagement ring. Because we find that that the trial court’s judgment was not contrary to law, we affirm."

Todd William Emmert v. Estate of Marolyn Emmert Nees, Jeffrey Emmert & Steven Emmert (NFP) - "Todd Emmert appeals the trial court’s construction of a will written by his mother, Maryoln Nees. We affirm."

NFP criminal opinions today (5):

Earl Moody v. State of Indiana (NFP)

Joseph T. Williams-Bey v. State of Indiana (NFP)

Damon A. Myers v. State of Indiana (NFP)

Thomas A. Yohe v. State of Indiana (NFP)

Shawn Breeden v. State of Indiana (NFP)

Posted by Marcia Oddi on July 23, 2007 12:39 PM
Posted to Ind. App.Ct. Decisions