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Friday, February 11, 2011

Ind. Decisions - Court of Appeals issues 4 today (and 14 NFP)

For publication opinions today (4):

In Alexander R. Pala v. Annare L. Pala Loubser , a 17-page opinion, Judge Brown concludes:

In summary, the parties presented testimony and other evidence regarding their respective incomes and financial situations and Pala's physical condition, and the trial court was able to review and consider the evidence in exercising its discretion in deciding whether to terminate Loubser's maintenance obligation. At the time that maintenance originally was awarded, $1,200 per month was determined to be a fair amount in light of Loubser's income and Pala's financial situation and physical condition. However, we note that the parties were married for approximately seven years before they separated and filed for divorce, and nearly eight years have elapsed since the dissolution of the parties' marriage. The court was able to consider the extent to which Loubser's income has decreased and Pala's health has improved during that time and the steps Pala did take or could have taken to address his physical or financial circumstances. Based upon our review of the record, we cannot say that the evidence leaves us with the firm conviction that a mistake has been made or that the trial court's decision is clearly against the logic and effect of the facts and circumstances before it.

For the foregoing reasons, we affirm the court's order related to the modification and termination of maintenance in this case.

In Amir H. Sanjari v. State of Indiana , a 23-page opinion, Judge Crone concludes:
In sum, we conclude that the trial court acted within its discretion in determining that Sanjari had waived his right to be present at trial and in denying his October 29, 2009 motion for continuance. We vacate his conviction and sentence on Count II due to double jeopardy constraints and affirm his conviction and five-year sentence on Count I, with fines, costs, and restitution.
Company v. Review Board

T.L. v. Review Board

NFP civil opinions today (1):

Paternity of C.F.; R.M. a/k/a R.K. v. R.F. (NFP)

NFP criminal opinions today (13):

David Martinez Zarate v. State of Indiana (NFP)

Juan Salazar-Arvisu v. State of Indiana (NFP)

Anthony A. Coffey v. State of Indiana (NFP)

William T. Sexton v. State of Indiana (NFP)

Robert W. Gard v. State of Indiana (NFP)

Michael J. Huffman v. State of Indiana (NFP)

William E. Cathey v. State of Indiana (NFP)

Candace Brewer v. State of Indiana (NFP)

Donald R. Tweedy v. State of Indiana (NFP)

David Alan Davis v. State of Indiana (NFP)

Michael Todd Hughes v. State of Indiana (NFP)

James E. McGee v. State of Indiana (NFP)

Kenneth L. Duckworth, Jr. v. State of Indiana (NFP)

Posted by Marcia Oddi on February 11, 2011 10:54 AM
Posted to Ind. App.Ct. Decisions