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Wednesday, June 01, 2011

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

For publication opinions today (2):

In Eddie Vance, Jr. v. State of Indiana, an 8-page opinion, Judge Riley writes:

Vance argues that the trial court did not have personal jurisdiction to order the execution of his sentence in FB-13 after he was released by the DOC. Jurisdiction of the person “refers to the particular parties who are brought before the court, and the right of that particular court to exercise jurisdiction over those parties.” * * * Judgments entered in the absence of personal jurisdiction are voidable, and a timely objection is required to preserve a challenge to the lack of personal jurisdiction or jurisdiction over the case. * * *

During the hearing on November 8, 2010, Vance argued that imposition of the sentence would violate his rights against double jeopardy under the Indiana and United States Constitution. Vance did not, however, argue that the trial court lacked personal jurisdiction to order the execution of his sentence. Therefore, he has waived this argument on appeal.

Waiver notwithstanding, Vance's argument still fails. * * *

Based on the foregoing, we conclude that the trial court had personal jurisdiction over Vance and acted within a reasonable time when it reordered Vance back to the DOC.

In Jonathan Wirth v. American Family Mutual Insurance Co., a 9-age opinion, Judge Riley writes:
[Issue] Whether the trial court properly determined that American Family is entitled to subrogation for payment of Wirth’s medical expenses. * * *

In sum, we cannot say that the trial court improperly granted summary judgment in favor of American Family. Wirth negotiated his settlement with the tortfeasor, which was completely satisfied as evidenced by the executed Release of All Claims form. In absence of any evidence that the settlement was reasonable and American Family’s lien should be reduced, we find that American Family is entitled to complete repayment of its medical lien.

NFP civil opinions today (1):

Involuntary Commitment of A.K. (NFP)

NFP criminal opinions today (4):

Antione A. Smith v. State of Indiana (NFP)

Joseph K. Todd v. State of Indiana (NFP)

Julius Cabell v. State of Indiana (NFP)

William Soper v. State of Indiana (NFP)

Posted by Marcia Oddi on June 1, 2011 01:33 PM
Posted to Ind. App.Ct. Decisions