Wednesday, June 13, 2012
Ind. Decisions - Court of Appeals issues 3 today (and 4 NFP)
For publication opinions today (3):
In Dennis Jack Horner v. Marcia (Horner) Carter , a 12-page opinion, Judge Vaidik writes:
Seven years after Dennis Jack Horner (“Husband”) and Marcia (Horner) Carter (“Wife”) reached a mediated settlement agreement during dissolution proceedings, Husband sought to modify the terms of that agreement on the basis of mistake. The trial court denied his request. Husband now appeals, contending that the trial court should have allowed him to offer extrinsic evidence—specifically, communications that occurred during mediation—to show that there was a mistake in the drafting of the agreement. We conclude that Alternative Dispute Resolution Rule 2.11 and Indiana Evidence Rule 408 allow the introduction of mediation communications to establish traditional contract defenses. We also find that the trial court correctly determined that the agreement in this case provided for a property settlement that survived Wife’s remarriage. We affirm.In In Re the Matter of: B.N. and H.C., Children in Need of Services; M.C. v. Marion Co. Dept. of Child Services and Child Advocates, Inc. , a 9-page opinion, Judge Vaidik writes:
M.C. (“Mother”) appeals from the juvenile court’s determination that her son and daughter are Children in Need of Services (“CHINS”). Mother contends that the evidence is insufficient to support the juvenile court’s conclusion that her children’s physical and mental health were seriously impaired or endangered because of her inability, refusal, or neglect to supply them with necessary food, clothing, shelter, medical care, education, or supervision. We conclude that the evidence in this case is indeed insufficient to support the juvenile court’s determination that B.N. and C.H. are CHINS, and we therefore reverse. * * *In Anthony D. Gorman v. State of Indiana , an 11-page opinion, Judge Barnes writes:
In sum, there was simply no evidence that the children’s physical or mental condition was seriously impaired or seriously endangered as a result of the inability, refusal, or neglect of Mother to supply the children with necessary food, clothing, shelter, medical care, education, or supervision. We therefore conclude that the juvenile court’s determination that the children are CHINS was clearly erroneous. Reversed.
Anthony Gorman appeals his convictions for two counts of Class B felony robbery while armed with a deadly weapon. We affirm.NFP civil opinions today (2):
The two issues before us are: I. whether there is sufficient evidence to identify Gorman as the perpetrator of the robberies; and II. whether there is sufficient evidence that a deadly weapon was used during the robberies.
NFP criminal opinions today (2):
Posted by Marcia Oddi on June 13, 2012 10:13 AM
Posted to Ind. App.Ct. Decisions