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Monday, June 16, 2008

Ind. Decisions - Court of Appeals issues 0 today (and 8 NFP)

For publication opinions today (0):

NFP civil opinions today (2):

In Donald Baker v. Catherine Ipock (NFP), a 5-page opinion, Judge Bradford affirms the lower court's denial of Baker's petition to modify his child support obligation:

Baker claims that the trial court’s denial of his petition to modify his child support obligation was in error because his income, while incarcerated, is merely five dollars a month and therefore his fifty-dollar-per-week child support obligation is unreasonable. In support of his claim, Baker relies on Lambert v. Lambert, 861 N.E.2d 1176, 1177 (Ind. 2007), in which the Indiana Supreme Court held that a trial court “should not impute potential income to an imprisoned parent based on pre-incarceration wages or other employment-related income.” Baker’s reliance on Lambert, however, is misplaced.
In Neil Smith v. Rachelle Liddil (NFP), a 4-page opinion, Judge Bradford writes:
Neil Smith appeals from the trial court’s order following a bench trial. Specifically, Smith contends that the trial court erred in granting Rachelle Liddil’s complaint seeking specific performance of a real estate purchase agreement and denying his counterclaim for foreclosure. We affirm. * * *

In a civil case in which the finder of fact returns its verdict for the plaintiff, reversal is proper only where there is no evidence or reasonable inference from the evidence on an essential element of the plaintiff’s case. Here, the evidence supporting the trial court’s determination is Liddil’s testimony that Smith “was paid in full.” Additionally, the Final Report and Accounting provided by Liddil established that all of her creditors, including Smith, had been paid. In light of the evidence supporting Liddil’s claim that Smith had been paid in full, we conclude that the judgment of the trial court was not erroneous.

NFP criminal opinions today (6):

Roger Moran v. State of Indiana (NFP)

Kenneth P. Johnston v. State of Indiana (NFP)

Curley Paul Gibbs, Jr. v. State of Indiana (NFP)

Evan Erby v. State of Indiana (NFP)

Anthony Statzer v. State of Indiana (NFP)

Joshua E. Gale v. State of Indiana (NFP)

Posted by Marcia Oddi on June 16, 2008 01:11 PM
Posted to Ind. App.Ct. Decisions