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Tuesday, February 17, 2009

Ind. Decisions - Court of Appeals issues 3 today (and 15 NFP)

For publication opinions today (3):

Susan Knoebel v. Clark County Superior Court No. 1, a 10-page opinion, involves the proper salary for a probation officer who was previously chief probation officer.

In the Paternity of L.F.C., J.C. v. L.F. involves the the interest amount and applicable start dates on the court ordered child support and medical expenses to be paid to mother.

In Town of Cloverdale v. Scott Renner, et al. , a 9-page opinion, CJ Baker writes:

Appellant-defendant Town of Cloverdale (The Town) appeals the trial court's order of disannexation entered in favor of appellees-plaintiffs Scott Renner, John Huber, Ann Manning, and Judy Fox (collectively, the appellees). The Town makes a number of arguments, one of which is dispositive; namely, that the appellees' complaint was untimely filed. Finding that the appellees filed their complaint years after the statute of limitations had run and are therefore not entitled to the requested relief of disannexation, we reverse and remand with instructions to enter final judgment in the Town's favor. * * *

Unfortunately for the appellees, however, “the doctrine of continuing wrong does not prevent the statute of limitations from beginning to run when the plaintiff learns of facts that should lead to the discovery of his cause of action, even if his relationship with the tortfeasor continues beyond that point.” * * *

Inasmuch as the one-year statute of limitations had long since elapsed when the appellees filed their complaint, the trial court erroneously entered judgment in their favor. Given that the legislature has decided that the appellees' claims are time-barred, we need not and will not consider the substance of their arguments.

The judgment of the trial court is reversed and remanded with instructions to enter final judgment in the Town's favor.

NFP civil opinions today (5):

Thomas M. Hill v. Sharon Hill (NFP) - "Finding that the trial court erred in its method of calculating the parties’ retirement accounts and in granting Sharon a credit for a debt on a vehicle that Thomas and an insurance company had paid, we affirm in part, reverse in part, and remand with instructions that the trial court redetermine the property division. On remand, the trial court shall reassign the values of the parties’ pension accounts based upon the date of separation and eliminate the credit that was granted to Sharon with regard to payments that were made on the vehicle. "

In Randyl A. McCauley, et al. v. Dale W. DuKate (NFP), an 18-page, 2-1 opinion, Judge Riley concludes:

Based on the foregoing, we conclude that the trial court erred in permanently enjoining the McCauleys from entering onto the easement described in the quitclaim deed and by ordering them to remove the water line and meter from DuKate's property. We remand this cause to the trial court with instructions to amend its order accordingly. However, we affirm the trial court's judgment in favor of the McCauleys on DuKate's claim of trespass. Affirmed in part, reversed in part, and remanded with instructions.

BRADFORD, J., concurs.
BAILEY, J., concurs in part and dissents in part with separate opinion. [that concludes] Weighing the respective harms, the McCauleys would bear the cost of removing the line and replacing it somewhere else. DuKate, however, would face allowing onto his land someone with whom he had stern disagreements. The public interest is best served by separating the feuding parties.

Based upon this reasoning, I conclude that the trial court's grant of injunctive relief was intended to separate the feuding parties, to the degree possible, and therefore was not an abuse of its discretion. “[T]he foundation of the social pact is property, and its first condition that everyone be maintained in the peaceful enjoyment of what belongs to him.” [cite omitted] I would affirm the trial court's order requiring the McCauleys to remove the water line and meter.

In the Matter of A.P., J.P., M.M. (NFP)

Eric D. Smith v. William K. Wilson (NFP) - "Because Smith’s petition did not establish all of the elements of a claim for educational credit time, the trial court properly dismissed it. We affirm. "

Norwood Regional Water & Sewer District v. Fair Oak Farm Golf Properties, LLC (NFP) - "Norwood Regional Water and Sewer District (“the District”) appeals the trial court‟s order awarding damages to Fair Oak Farm Golf Properties, LLC (“Fair Oak”) for the repair of Fair Oak‟s underground irrigation system. We affirm."

NFP criminal opinions today (10):

Cody D. Wright v. State of Indiana (NFP)

Roger D. Holbrook v. State of Indiana (NFP)

Robert Motl v. State of Indiana (NFP)

Matthew Kirkham v. State of Indiana (NFP)

D.W. v. State of Indiana (NFP)

William Allison v. State of Indiana (NFP)

Alfredo Gonzalez v. State of Indiana (NFP)

Danny Howell v. State of Indiana (NFP)

Jennifer Alamillo v. State of Indiana (NFP)

Rodriguez Dupree Bell v. State of Indiana (NFP)

Posted by Marcia Oddi on February 17, 2009 12:46 PM
Posted to Ind. App.Ct. Decisions