« Ind. Decisions - 7th Circuit issues two today | Main | Ind. Decisions - Transfer list for week ending Oct. 10, 2008 »
Tuesday, October 14, 2008
Ind. Decisions - Court of Appeals issues 0 today (and 12 NFP)
For publication opinions today (0):
NFP civil opinions today (5):
Joseph T. Williams-Bey v. Edward Buss, et al. (NFP) - "Williams-Bey’s brief fails to comply with the Indiana Rules of Appellate Procedure. See Ind. Appellate Rule 46(A). Specifically, his brief does not set forth the facts that led to the trial court’s denial of his petition, provides no standard of review, cites to no authority and fails to make a cogent argument. 'Dismissal or summary affirmance is warranted in cases where a party to an appeal commits a flagrant violation of the rules.'" Affirmed.
Valarie L. Parkes v. William R. Parkes (NFP) - "Based on the foregoing, we conclude that the trial court properly denied Mother’s petition to modify custody. Affirmed."
In Re: The Termination of the Parent-Child Relationship of A.J.S. (NFP) - "A trial court need not wait until a child is “irreversibly influenced” such that her physical, mental, and social growth is permanently impaired before terminating the parent-child relationship. A.F. v. Marion County Office of Family & Children, 762 N.E.2d 1244, 1253 (Ind. Ct. App. 2002). In the present case, a thorough review of the record reveals that the trial court’s decision to terminate Father’s parental rights to A.J.S. was not improperly based on Father’s low I.Q. Rather, clear and convincing evidence indicates there is a reasonable probability the conditions resulting in A.J.S.’s removal, namely, Father’s inability to provide A.J.S. with a safe and stable home environment, will not be remedied. Accordingly, we affirm the judgment."
Donald Frazier v. Palisades Acquisition XVI, LLC (NFP) - "“A party initiates an appeal by filing a Notice of Appeal with the trial court clerk within thirty (30) days after the entry of Final Judgment. However, if any party files a timely motion to correct error, a Notice of Appeal must be filed within thirty (30) days after the court’s ruling on such motion . . . .” Ind. Appellate Rule 9(A)(1). Frazier did not file a proper notice of appeal within thirty days of the trial court’s March 6, 2007 default judgment or the August 20, 2007 order; nor did he file a timely motion to correct error to extend the time for an appeal."
Donald Frazier v. Midland Credit Management, Inc. (NFP) - "“The timely filing of a notice of appeal is a jurisdictional prerequisite, and failure to conform to the applicable time limits results in forfeiture of an appeal.” Trinity Baptist Church v. Howard, 869 N.E.2d 1225, 1227 (Ind. Ct. App. 2007), trans. denied; App. R. 9(A)(5) (“Unless the Notice of Appeal is timely filed, the right to appeal shall be forfeited . . . .”). Frazier’s right to appeal has been forfeited."
NFP criminal opinions today (7):
Gary K. Paul v. State of Indiana (NFP)
Alec Clark v. State of Indiana (NFP)
Victoria Morgan v. State of Indiana (NFP)
Samuel Darnell Banks v. State of Indiana (NFP)
Andrew Germany v. State of Indiana (NFP)
Jeff House v. State of Indiana (NFP)
Randy Slye v. State of Indiana (NFP)
Posted by Marcia Oddi on October 14, 2008 12:43 PM
Posted to Ind. App.Ct. Decisions