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Wednesday, September 21, 2011

Ind. Decisions - Court of Appeals issues 1 today (and 5 NFP)

For publication opinions today (1):

In George W. Giltner, Jr. v. Betty L. Ivers, Martin Zacharias, Jr., and Bradi L. Zacharias, an 11-page opinion, Judge Crone writes:

George W. Giltner owned an undivided twenty-percent interest in a 100-acre parcel of land in Clark County. Betty L. Ivers owned the other eighty percent, and is in the process of selling her interest to her granddaughter Bradi Zacharias and Bradi’s husband, Martin. The Zachariases and Ivers filed a complaint to compel partition of the land.1 The trial court appointed three commissioners, who reported that Giltner should receive 16.5 acres in the southeast corner of the property. Giltner unsuccessfully moved to have the report set aside, and the trial court entered judgment in accordance with the division recommended in the report.

On appeal, Giltner argues that the report should have been set aside because: (1) it made no finding as to whether division would materially damage a party; (2) it did not reveal the property’s value or the methodology used to value the property; (3) the division was not proportionate to the parties’ ownership interests, and no reason was given for the disproportionality; and (4) it was neither signed and sworn nor made in open court. Giltner did not raise the fourth issue until his motion to correct error; therefore, we conclude that he waived that issue. As to the remaining three issues, we conclude that Giltner has not shown that he was prejudiced; therefore, we affirm the judgment of the trial court.

NFP civil opinions today (3):

In the Matter of the Term. of Parent-Child Rel. of T.P.: C.P. v. Indiana Dept. of Child Svcs. (NFP)

Term. of Parent-Child Rel. of J.E.: C.E., v. Indiana Department of Child Svcs. and Child Advocates, Inc. (NFP)

Barbara Noonan, Robert Noonan, and Earnest Cross v. SLF, LLC (NFP)

NFP criminal opinions today (2):

James Gerald v. State of Indiana (NFP)

James Bellamy v. State of Indiana (NFP)

Posted by Marcia Oddi on September 21, 2011 12:04 PM
Posted to Ind. App.Ct. Decisions