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Monday, March 11, 2013

Ind. Decisions - Court of Appeals issues 2 today (and 11 NFP)

For publication opinions today (2):

In Bay Colony Civic Corporation v. Pearl Gasper Trust and Bruce F. Waller, a 9-page opinion, Sr. Judge Shepard writes:

Two homeowners in a planned subdivision on a reservoir have been seeking to prevent their neighbors from using an easement for access to the reservoir.

The two homeowners own private boat docks, and they sued when the neighborhood association spent funds to create a path down through the easement to the water so that other residents could use the reservoir without encroaching on the docks. Concluding the trial court erred by entering judgment in favor of the two homeowners, we reverse.

In In the Matter of the Support of B.J.R.: B.J.R., by next friend, R.J.C. v. C.J.R., Sr., a 20-page opinion, Judge Kirsch writes:
R.J.C. (“Mother”) appeals the trial court’s order modifying the child support paid by C.J.R., Sr. (“Father”) for the benefit of B.J.R. (“Child”). Mother raises several issues on appeal that we consolidate and restate as:

I. Whether the trial court had subject matter jurisdiction to modify a Pennsylvania child support order when the initial filing was missing a certified copy of the foreign order but the order was supplied at a later date;
II. Whether the trial court erred in finding the Pennsylvania child support order was properly authenticated;
III. Whether the trial court erred in modifying the child support order retroactive to the date of registration of the Pennsylvania child support order when the registration did not occur at the same time as the request for registration; and
IV. Whether the trial court erred in modifying the child support order because insufficient evidence was presented of the parties’ economic circumstances at the time of the original order, Father’s rental income was not included in calculation of his income, and Father was given larger parenting time credit to offset travel costs associated with exercising his parenting time.

We affirm.

NFP civil opinions today (4):

John Brewer v. Cathy Jo Bowman (NFP)

Town of Clarksville, Indiana v. Chris Conte and Mary Ann Conte (NFP)

In Re The Guardianship of J.M.: Christina M. Martin (Kibalko) v. William P. Hitch and Georgia L. Hitch (NFP)

Term. of the Parent-Child Rel. of D.L., minor child, and D.S., mother: D.S. v. Indiana Dept. of Child Services, and Child Advocates, Inc. (NFP)

NFP criminal opinions today (7):

Mark A. Salisbury v. State of Indiana (NFP)

Gregory Leech v. State of Indiana (NFP)

Martin Reyes v. State of Indiana (NFP)

Dustin James Mahler v. State of Indiana (NFP)

Darvin McCallister v. State of Indiana (NFP)

Carlos Ulloa v. State of Indiana (NFP)

Michael Porter v. State of Indiana (NFP)

Posted by Marcia Oddi on March 11, 2013 11:02 AM
Posted to Ind. App.Ct. Decisions