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Thursday, November 29, 2012

Ind. Decisions - Court of Appeals issues 1 today (and 9 NFP)

For publication opinions today (1):

In Terry and Laura Wagler, Larry and Jennifer Wagler, Norman Wagler, and Janet and Nathan Wagler v. West Boggs Sewer District Inc., a 37-page opinion, Judge Brown writes:

This is a consolidated appeal from various proceedings in which the West Boggs Sewer District brought complaints against Terry and Laura Wagler, Larry and Jennifer Wagle, and Norman Wagler, as well as Janet and Nathan Wagler, pursuant to Ind. Code § 8-1-2-125(d) (2004), to compel Appellants to connect to its sewer system. The Waglers appeal from the denial of their respective Rule 60(B) motions to set aside judgment, and Janet & Nathan appeal from the trial court’s entry and judgment following a bench trial. The Appellants present multiple issues which we revise and restate as:
I. Whether the court abused its discretion by denying the Waglers’ motions for relief from judgment pursuant to Ind. Trial Rule 60(B); and
II. Whether the court erred in directing Janet & Nathan to connect to the Sewer System.
Additionally, West Boggs appeals the trial court’s denial of its requests for an award of attorney fees and costs against each party that filed an Ind. Trial Rule 60(B) motion, and it requests that we award it appellate attorney fees against each of the Appellants. We affirm.
NFP civil opinions today (4):

Miles Ogea d/b/a Mo Auger Investments and Mo's Tavern v. Karamesines Credit Shelter Trust (NFP)

H. Wayne Burnett, M.D. v. Pamela A. Burnett, M.D. (NFP)

Term. of the Parent-Child Rel.of: M.M. (Minor Child), and S.H. (Mother) v. The Indiana Dept. of Child Services (NFP)

Vickie Fenoglio, as Personal Representative of the Estate of Paul Fenoglio, Deceased v. Gregory Brock, D.O. (NFP)

NFP criminal opinions today (5):

Richard A. Childress, Jr. v. State of Indiana (NFP)

Corbin Bardonner v. State of Indiana (NFP)

Jamey Taskey v. State of Indiana (NFP)

David S. Healey v. State of Indiana (NFP)

Timothy J. Gilbert v. State of Indiana (NFP)

Posted by Marcia Oddi on November 29, 2012 11:41 AM
Posted to Ind. App.Ct. Decisions