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Monday, June 23, 2008

Ind. Decisions - Court of Appeals issues 0 today (and 9 NFP)

For publication opinions today (0):

NFP civil opinions today (2):

In Alfred Dartis v. Delco Remy America, Inc. (NFP), a 9-page opinion, Judge Bradford writes:

Appellant-Respondent Alfred Dartis appeals the trial court’s judgment granting a petition for judicial review brought by Appellee-Petitioner Delco Remy America, Inc. (“DRA”) and reversing the finding of the Anderson Human Relations Commission (“AHRC”) that DRA’s termination of Dartis’s employment was due to unlawful discriminatory practices. Upon appeal, Dartis claims that the trial court erred in concluding that the AHRC’s finding was not supported by substantial evidence and was contrary to law. We reverse and remand. * * *

Upon appeal, Dartis does not dispute that the AHRC’s order is invalid for lack of a quorum. He argues, however, that the trial court erred in entering judgment in favor of DRA on the basis that there was insufficient evidence to support the AHRC’s finding that his termination was the result of racial discrimination. Dartis requests that this court remand to the AHRC for a new hearing. * * *

The parties agree that the record of the AHRC hearing both on judicial review and in the instant appeal is incomplete and missing an unknown amount of witness testimony, including, apparently, Griffin’s. Without a complete record, we are unable to evaluate the AHRC’s order or determine whether Dartis’s discrimination claim was viable as a matter of law, and we conclude the trial court was unable to do so as well. The trial court’s judgment is based upon an incomplete record missing an unknown amount of witness testimony which may or may not have supported Dartis’s claim. Its reversal of the AHRC’s determination of discrimination was therefore in error.

Because both parties agree, and the trial court found, that the AHRC hearing was invalid for lack of a quorum, we reverse the trial court’s judgment in favor of DRA and remand to the trial court with instructions to remand this cause to the AHRC for a new hearing with a sufficient quorum. The parties are further reminded that a complete record must be filed with the trial court when seeking judicial review.

Greta McKenzie-Carver v. Edward Carver (NFP) - "Greta McKenzie-Carver (“Wife”) appeals the trial court’s disposition of property in her dissolution proceedings with Edward Carver (“Husband”). Specifically, Wife argues that the trial court abused its discretion by including the Bank One child support account in the marital pot, in undervaluing the marital residence, and in its division of the marital property. Finding that the trial court acted within its discretion, we affirm.

"[Re the division] '[W]here assets were acquired prior to marriage, the trial court may achieve a just and reasonable property division by determining the appreciation over the course of the marriage of such assets and dividing the appreciation between the spouses, while setting over to the appropriate spouse the pre-marriage value of the assets at issue.' Doyle v. Doyle, 756 N.E.2d 576, 579 (Ind. Ct. App. 2001). This is exactly the course of action that the trial court took in dividing the marital estate. Thus, we find that the trial court did not err in following such a method. Affirmed."

NFP criminal opinions today (7):

Lance Morningstar v. State of Indiana (NFP)

Carlos Rivera-Hood v. State of Indiana (NFP)

John Hudson v. State of Indiana (NFP)

Joshua Hawkins v. State of Indiana (NFP)

Keith Coddington v. State of Indiana (NFP)

Harold A. Powers v. State of Indiana (NFP)

Christopher Rogers v. State of Indiana (NFP)

Posted by Marcia Oddi on June 23, 2008 11:44 AM
Posted to Ind. App.Ct. Decisions