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Wednesday, September 23, 2009
Ind. Decisions - Court of Appeals issues 1 today (and 9 NFP)
For publication opinions today (1):
In Ronald N. Rennaker, Patricia A. Rennaker, Richard W. Pape, Jr., Karen M. Pape and Arthur L. Ramsey v. Raymond D. Gleason, a 16-page opinion, Judge Bailey concludes:
In sum, the forty-foot easement along the shoreline of Blue Lake was created by express reservation to the lot owners of the Harrold Additions via the Lakeside Lot Deeds. The permanent injunction imposed to protect the lot owners’ rights in the easements was not vague or overbroad. Affirmed.NFP civil opinions today (3):
William K. Henson a/k/a William J.K. Henson, Sr. v. ABS Auto Sales, Inc. (NFP) - "Henson has waived this argument by failing to support it with citations to authority or the record. See Ind. App. R. 46(A)(8)(a); Davis, 835 N.E.2d at 1113 (observing that failure to present cogent argument or citation to authority constitutes waiver of issue for appellate review).
"Waiver notwithstanding, ABS filed its motion for summary judgment and designation of evidence on December 3, 2008. Pursuant to Trial Rule 5, both of these documents have a certificate of service that indicates that each document was sent via first class mail to Henson’s counsel. Henson never filed a response to ABS’s motion for summary judgment, did not seek an extension to file a response, and did not request permission to file a belated response. Thus, because Henson never asked the trial court for permission to file a response to ABS’s motion for summary judgment, it cannot be said that the trial court refused to allow Henson to file a response. Therefore, we cannot say the trial court erred in this regard."
Damairiss Walker v. Three Rivers Environmental (NFP) - "In sum, the Board‟s present findings in this case are inadequate to permit intelligent appellate review of its decision to deny any benefits to Walker. Thus, it is necessary to remand to the Board for the entry of more detailed findings, despite the fact that neither party challenged the specificity of the findings in this appeal."
Term. of Parent-Child Rel. of H.S.; C.O. v. IDCS (NFP) - "Clear and convincing evidence supports the trial court’s judgment terminating Mother’s parental rights to H.S. Accordingly, we affirm."
NFP criminal opinions today (6):
Dennis Madrid-Vargas v. State of Indiana (NFP)
C.I. v. State of Indiana (NFP)
Louis Jenkins v. State of Indiana (NFP)
David Shore v. State of Indiana (NFP)
Nathan Sutton v. State of Indiana (NFP)
Michael J. Hunter v. State of Indiana (NFP)
Posted by Marcia Oddi on September 23, 2009 11:34 AM
Posted to Ind. App.Ct. Decisions