« Ind. Courts - COA panel hears oral argument at Indiana State student union | Main | Ind. Gov't. - Still more on: Another Indiana attorney loses job over Wisconsin labor issue »

Friday, March 25, 2011

Ind. Decisions - Court of Appeals issues 2 today (and 5 NFP)

For publication opinions today (2):

In Timothy D. Sexton v. Donna M. (Sexton) Sedlak, a 24-page, 2-1 opinion, Judge Crone writes:

Timothy D. Sexton (“Father”) and Donna M. (Sexton) Sedlak (“Mother”) were married and had three children. After their divorce, they initially shared custody. Subsequently, Mother filed a petition to modify custody. The trial court awarded primary physical custody to Mother and ordered Father to pay child support. For more than three years, Father paid child support consistent with the trial court's order. Then the parties began deviating from the order as to physical custody of the children, and Father stopped paying child support. On June 12, 2009, Father filed a petition for emancipation and to modify child support. The trial court denied his petition for emancipation and set his child support obligation at $117. Father appeals, arguing that the trial court erred in failing to order retroactive modification of his child support to a date prior to the filing of his petition to modify; that the trial court erred in denying his petition for emancipation; and that the trial court abused its discretion in determining the amount of his child support obligation. As to the first two issues, we find no error in the trial court's decisions and affirm. As to the amount of Father's child support obligation, we find that the trial court failed to consider that one child was partially supporting herself, and therefore we reverse and remand to determine Father's child support obligation in light of the child's capability to partially support herself. * * *

KIRSCH, J., dissents with separate opinion.
BRADFORD, J., concurs. * * *

KIRSCH, Judge, dissenting. I respectfully dissent. * * *

Given that the parents had agreed to a modification of support that was acceptable to both over an extended period of time, that the modification provided for the reasonable support of their children, that the parties made a good faith effort to seek court approval of such modification, and that there has been no showing that Father has failed to contribute significantly to the support of the children, I believe the trial court abused its discretion in failing to make the modification of support retroactive to the date of filing of Mother's petition in 2005.

I would reverse the trial court's order and remand with instructions to modify the support order retroactive to the date of the filing of Mother's petition in September, 2005.

In William Hurt v. State of Indiana, a 13-page opinion, Judge Barnes writes:
William Hurt appeals his convictions for Class C felony reckless operation of a vehicle in a highway workzone resulting in death and Class C felony reckless disregard of a traffic control device in a highway workzone resulting in death. We affirm in part and reverse in part. * * *

There is sufficient evidence to support Hurt's conviction for Class C felony reckless disregard of a traffic control device in a highway workzone resulting in death. We reverse Hurt's conviction for Class C felony reckless operation of a vehicle in a highway workzone resulting in death on double jeopardy grounds.

NFP civil opinions today (2):

Term. of Parent-Child Rel. of J.M.; B.M. v. IDCS (NFP)

Term. of Parent-Child Rel. of S.W.; C.W. v. IDCS (NFP)

NFP criminal opinions today (3):

Brian Calaway v. State of Indiana (NFP)

Douglas (Sommers) Summers v. State of Indiana (NFP)

Bronco L. Morgan v. State of Indiana (NFP)

Posted by Marcia Oddi on March 25, 2011 11:44 AM
Posted to Ind. App.Ct. Decisions