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Monday, April 13, 2009

Ind. Decisions - Six cases granted transfer April 9th, including Terre Haute Little Hatch Act challenge

The Clerk's transfer list should be available later today. Meanwhile, the ILB has just received notice of six transfers granted last Thursday by the Supreme Court. Here is the list :

In re: M.B. and S.B. -- 34A02-0805-JV-437 - Some quotes from the Oct. 31, 2008 COA opinion:

A partial termination of parental rights does not exist under Indiana law. Either the parent-child relationship survives, or it does not. * * * [W]e conclude that Mother’s addendums to the voluntary consent forms are void ab initio and thus unenforceable as a matter of law. * * * Trial courts are cautioned to refrain from approving post-termination agreements such as these in the future as they are contrary to Indiana law and are likely, under a different set of circumstances, to provide false hope to parents facing termination of their parental rights. Affirmed.
Gary Cmty. Sch. Corp. v. Roach-Walker -- 45A05-0805-CV-275 -- A NFP COA opinion issued Dec. 31, 2008 in a slip and fall case: " The School presents two issues for review, which we consolidate and restate as whether the School is entitled to immunity from liability under Indiana Code Section 34-13-3-3 of the Indiana Tort Claims Act (“the Act”). Walker also presents an issue for review, namely, whether she is entitled to appellate attorney's fees."

In re: J.M. -- 02A05-0807-JV-416 -- see ILB summary of Nov. 5, 2008 COA opinion re termination of parental rights of two convicted drug offenders here - 3rd case. Also, Nov. 7th press story here and Nov. 11th editorial here. Note: Both Appellees A.S. and A.M. granted transfer.

Burke v. Bennett -- 84A01-0801-CV-2 -- This is the Terre Haute mayoral race / Little Hatch Act dispute. See this ILB entry for background. See the Nov. 13, 2008 ILB summary of the COA opinion here. Note: Transfer was granted to both Appellant and Appellee.

Bradshaw v. Chandle -- 49A05-0806-CV-363 -- where the COA restated the issue as "whether the trial court properly concluded Bradshaw's claim was time-barred pursuant to the two-year limitation period of the parties' auto insurance policy." (See ILB summary here - 1st NFP opinion.)

Hamilton v. Hamilton -- 82A01-0804-CV-151 -- where the Court of Appeals ruled "We hold that the trial court’s decision to enforce the Florida child support obligation for less than the amount ordered by the Florida court was not an impermissible modification under the Uniform Interstate Family Support Act (“UIFSA”). We also find that the trial court did not abuse its discretion because the evidence clearly shows that Richard complied with the Indiana trial court’s order."

Posted by Marcia Oddi on April 13, 2009 11:47 AM
Posted to Indiana Transfer Lists