The Indiana Law Blog: Ind. Decisions - Court of Appeals issues 9 today (and 21 NFP)

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Friday, October 30, 2009

Ind. Decisions - Court of Appeals issues 9 today (and 21 NFP)

It is the end of the month and the COA has released a slew of opinions today - 30 in all. The first one is the blackjack card counting case, where the COA rules: "Donovan is entitled to summary judgment on his request for a declaratory judgment to the effect that Grand Victoria may not exclude him from blackjack because he counts cards." More later

For publication opinions today (9):

Thomas P. Donovan v. Grand Victoria Casinio & Resort, L.P. [see Indy 6 News story here, from Oct. 30, 2009]

Indianapolis City Market Corp. v. MAV, Inc. d/b/a Grecian Garden - In a 22-page opinion, Chief Judge Baker concludes:

In our view, the trial court was able to ascertain, with a relative degree of certainty, the measure of damages from the lost opportunity, i.e., MAV’s inability to operate in the renovated Market House from November 2007 until April 7, 2008. The amount of damages calculated by the trial court was within the scope of the evidence that was presented at trial, and we decline to disturb that award.

See the just posted Indy Star story by Francesca Jarosz, headed "Appeals court says City Market owes $42,000."

In Anne M. Bingley v. Charles B. Bingley , a 14-page opinion, Judge Brown writes:

Anne Bingley appeals the trial court‟s order as to division of assets in the dissolution of her marriage to Charles Bingley. Anne raises a single issue, which we revise and restate as whether the trial court erred in concluding that Charles‟s employer-paid post-retirement health insurance premiums were not a marital asset subject to division. We affirm. * * *

MAY, J., concurs.
CRONE, J., concurs in result with separate opinion. [which begins, at p. 12] I agree with the majority‟s conclusion that Charles‟s employer-paid post-retirement health insurance premiums are not a marital asset subject to division. I write separately, however, because I reach that conclusion by a different route.

T-3 Martinsville, LLC, et al. v. US Holding, LLC, et al. - In a 14-page opinion by Judge Crone, the court grants rehearing and affirms its previous opinion.

Clay Howard v. Debra Daugherty and L.A. Vanatta - In a 4-page opinion, Judge May writes:

Clay Howard brought a Section 1983 complaint. The trial court dismissed his complaint for failure to pay filing fees. We affirm.

Howard, an inmate at the New Castle Correctional Facility, filed a complaint and was ordered to pay a partial filing fee of twenty-two cents. He submitted a forty-two cent stamp as payment but the trial court dismissed his complaint for failure to timely pay the filing fee.

Max Koenig v. State of Indiana

Roger L. Brown v. State of Indiana

Terrence Miller v. State of Indiana

Terry Rowe, Jr. v. State of Indiana

NFP civil opinions today (9):

Donald T. Haygood and Debbie Osman v. Safe Auto Insurance Co. (NFP)

Gideon Samid v. Virginia Spencer (NFP)

Lisa J. Lutterbach v. Michael R. Lutterbach (NFP)

Shirley Williams v. Robert Williams (NFP)

Bradley K. Buchanan, et al. v. Consolidated Brokers Corp. LLC (NFP)

Tincey J. Wright v. City of Richmond, et al. (NFP)

Marriage of L.S.G. v. R.A.B., Jr. (NFP)