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Monday, July 22, 2013

Ind. Decisions - Court of Appeals issues 2 today (and 6 NFP)

For publication opinions today (2):

In Twin Lakes Regional Sewer District v. Robert W. Teumer and Paula K. Teumer , a 12-page opinion, Chief Judge Robb writes:

Twin Lakes Regional Sewer District appeals the trial court’s judgment regarding appropriation of easements on the property of Robert W. Teumer and Paula K. Teumer. Twin Lakes presents three condensed and restated issues on appeal: 1) whether the trial court improperly admitted the report of the court-appointed appraisers; 2) whether there was sufficient evidence to support the trial court’s damage award; and 3) whether the trial court properly directed the clerk to refund Twin Lakes’s overpayment of damages. Concluding that the court-appointed appraisal was improperly admitted and that there was insufficient evidence to support the trial court’s damage award, and that the trial court correctly directed the clerk to refund Twin Lakes’s overpayment, we reverse and remand.
In Thomas Dexter v. State of Indiana, an 8-page opinion, Judge Vaidik writes:
Following remand from the Indiana Supreme Court, Thomas Dexter had a second habitual-offender hearing. The jury again found Dexter to be a habitual offender, and the trial court again enhanced Dexter’s sentence by thirty years. Dexter now appeals arguing—for the second time—that the evidence is insufficient to support his thirty-year habitual-offender enhancement. Because we find that the certified transcript from Dexter’s guilty-plea and sentencing hearing is sufficient to prove one of his underlying felony convictions and that his habitual-offender retrial was not barred by res judicata, we affirm.
NFP civil opinions today (4):

Daniel J. Chupp v. Wyndham Vacation Ownership, Inc. (NFP)

In Re the Adoption of A.H. and N.H., minor children, D.H., v. A.C.H. (NFP)

Donna M. Brown v. Paul F. Buchmeier and Sally M. Buchmeier d/b/a Fashion Trends (NFP)

Co-Alliance, LLP v. Monticello Farm Service, Inc. (NFP)

NFP criminal opinions today (2):

Tony Mays v. State of Indiana (NFP)

William Joseph VanHorn v. State of Indiana (NFP)

Posted by Marcia Oddi on July 22, 2013 11:34 AM
Posted to Ind. App.Ct. Decisions