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Thursday, March 06, 2014

Ind. Decisions - Court of Appeals issues 2 today (and 7 NFP)

For publication opinions today (2):

In In Re the Marriage of: Frank J. Ozug v. Karen S. Ozug, a 7-page opinion, Judge Kirsch writes:

Frank J. Ozug (“Husband”) appeals the trial court’s decree of dissolution (“the Decree”), claiming that it was error to award Karen S. Ozug (“Wife”) spousal maintenance despite a finding that there was no credible evidence of Wife’s medical condition and that it was error to award Wife more than 50% of the marital estate. Wife cross-appeals, arguing that Husband’s notice of appeal was not timely filed. We vacate and remand. * * *

In the present case, Husband had the right to file a motion to correct error, and timely filed his notice of appeal after his motion was deemed denied. We conclude that his notice of appeal was timely, and we have jurisdiction over this appeal. * * *

Based on the stated inconsistencies and lack of information, we are unable to conduct a proper review of the property distribution and the grant of spousal maintenance in the present case. We, therefore, vacate the trial court’s judgment and remand for proceedings to remedy these problems and determine the issues of spousal maintenance and distribution of the marital estate.

In Vinod C. Gupta v. Henry S. Busan, Heritage Federal Credit Union, an 8-page opinion, Judge Robb writes:
Vinod C. Gupta appeals the trial court’s denial of his motion for summary judgment and its grant of summary judgment in favor of Henry S. Busan. He raises two issues for our review, which we restate as: whether the trial court erred in finding Gupta failed to comply with statutory notice provisions for obtaining a tax deed, and whether the trial court erred in granting summary judgment in favor of Busan. Concluding that Gupta complied with the statutory notice provisions, we reverse and remand. * * *

Under the unique facts presented in this case, where the parties and trial court did not follow the established procedures to set aside a tax deed and where the parties did not address the procedural deficiencies upon appeal, we conclude that the trial court erred in finding Gupta’s notices sent certified mail, but without return receipt requested, statutorily deficient. We further conclude that Gupta provided notice reasonably calculated to inform Busan of the tax sale and petition for the tax deed. Therefore, we reverse the trial court’s grant of summary judgment in favor of Busan and denial of summary judgment for Gupta. We remand for a grant of summary judgment quieting title for Gupta.

NFP civil opinions today (3):

In the Matter of the Termination of the Parent-Child Relationship of: M.M., G.M., and D.M., K.M. (Mother) and R.M. (Father) v. The Indiana Department of Child Services (NFP)

Eric Keith v. Indiana Bell (NFP)

Mellondie Bensen v. Review Board of the Indiana Department of Workforce Development (NFP)

NFP criminal opinions today (4):

Michael Williams v. State of Indiana (NFP)

Richard A. Perkey v. State of Indiana (NFP)

Zao Burrell v. State of Indiana (NFP)

Craig Hoog v. State of Indiana (NFP)

Posted by Marcia Oddi on March 6, 2014 10:17 AM
Posted to Ind. App.Ct. Decisions