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Thursday, November 05, 2009

Ind. Decisions - Court of Appeals issues 0 today (and 6 NFP)

For publication opinions today (0):

NFP civil opinions today (3):

In Re the Marriage of K.H. v. J.L.H. (NFP) - "Mother has not shown that the evidence positively requires the opposite conclusion reached by the trial court. The custody order is not clearly erroneous. Affirmed."

Dale Albert Christ v. Susan Maginn Christ (NFP) - "We do not believe that Dale violated any order of the trial court, ambiguous or not, by the mere act of pre-registering the children at a school other than that set out in the parties’ agreement and the trial court’s order. The act of pre-registering the children did not interfere in any way with where the children would attend school and did not prevent them from attending Harrison Parkway Elementary as provided for in the order. It merely had the effect of providing an option to the parties. Nothing in the parties’ agreement or the trial court’s order prohibited Dale from pre-registering the children in another school in order to allow an option if the parties changed their minds. We therefore conclude that the trial court abused its discretion when it found Dale to be in contempt. Reversed."

Edward R. Hall v. Allied Waste Services, Inc. (NFP) - Interesting facts in this NFP 2-1 opinion by Judge Barnes that concludes:

While we express no opinion as to the enforceability of evergreen provisions in general, under the circumstances of this case, Hall's arguments fail. The consent decree did not make the automatic renewal provision of the contract between Hall and Allied Waste unenforceable. The small claims court did not err by enforcing the contract and ordering Hall to pay liquidated damages based on the contract. We affirm.

NAJAM, J., concurs.
KIRSCH, J., dissents without opinion.

NFP criminal opinions today (3):

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

Maurice Patterson v. State of Indiana (NFP)

Eddie J. Richardson v. State of Indiana (NFP)

Posted by Marcia Oddi on November 5, 2009 11:59 AM
Posted to Ind. App.Ct. Decisions