Monday, February 24, 2014
Ind. Decisions - Court of Appeals issues 3 today (and 3 NFP)
For publication opinions today (3):
In In Re: Paternity of J.M.; C.M. v. T.S., a 13-page opinion, Judge Brown concludes:
Based upon the record, we conclude that the trial court abused its discretion in denying Father’s motion for a hearing to determine the amount of his child support arrearage and the propriety of the garnishment of his inmate trust fund account. We reverse and remand with instructions to conduct an evidentiary hearing for the purpose of determining Father’s child support arrearage and his ability to pay, a determination of a reasonable arrearage payment schedule, and the entry of an income withholding order consistent with and subject to the limits set forth at Ind. Code § 24-4.5-5-1057 and other limits imposed by law. Reversed and remanded with instructions.Shawn Blount v. State of Indiana
BARNES, J., concurs.
ROBB, J., concurs with separate opinion. [that begins, on p. 9] I concur in substance of the majority’s opinion, but write separately to note that the order purportedly being appealed was signed only by a magistrate. * * * By statute, the magistrate lacked authority to enter a final appealable order on his own. * * *
However, since the resolution of this case, in essence, provides the same result as suspending this appeal pending the regular trial judge’s review of the magistrate’s recommendation, I concur with majority’s resolution of the issue.
NFP civil opinions today (2):
NFP criminal opinions today (1):
Posted by Marcia Oddi on February 24, 2014 12:58 PM
Posted to Ind. App.Ct. Decisions