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Monday, March 19, 2012

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

For publication opinions today (2):

In In Re the Paternity of C.S.: M.R. (Mother) v. R.S. (Father), a 13-page opinion, Judge Darden concludes:

The trial court did not abuse its discretion in finding that C.S.’s physical and mental/academic maturation constituted a substantial change warranting modification of custody. The trial court did not misinterpret Indiana Code section 31-17-2-8 in the process of drawing conclusions from its findings. Finally, the trial court did not err in relying on the updated custody evaluation. Affirmed.
In Robert Hardin v. Carlotta Hardin , a 13-page opinion, Chief Judge Robb writes:
We conclude the trial court used an incorrect coverture fraction and thereby clearly erred in dividing Husband's pension. We also conclude the trial court did not commit clear error in awarding the entire survivor's benefit to Wife, but that the trial court failed to order Wife to pay the monthly cost of the survivor's benefit she will receive. Finally, we conclude Husband invited any error regarding consideration of tax consequences, and as a result he has waived this issue on appeal. Accordingly, we reverse and remand as to the trial court's division of Husband's pension, including the cost to Wife of the survivor's benefit, and affirm as to all other issues.

NFP civil opinions today (1):

Mark Wiley v. Midwest Poultry Services, LP (NFP)

NFP criminal opinions today (4):

Charles L. Eckard v. State of Indiana (NFP)

Juan Emerson v. State of Indiana (NFP)

Kelly Scott Thomas v. State of Indiana (NFP)

T.N.S. v. State of Indiana (NFP)

Posted by Marcia Oddi on March 19, 2012 01:06 PM
Posted to Ind. App.Ct. Decisions