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Thursday, August 07, 2014

Ind. Decisions - Court of Appeals issues 2 today (and 3 NFP)

For publication opinions today (2):

In Indiana Insurance Company v. Patricia Kopetsky, and KB Home Indiana Inc., an 8-page opinion, Judge Bradford writes:

Appellee/Defendant/Counterclaim Plaintiff Patricia Kopetsky has petitioned for rehearing. Patricia requests that we correct a factual error in our original opinion and clarify our holding regarding a possible finding that George Kopetsky knew (or did not know) of contamination in Cedar Park prior to obtaining CGL coverage from Appellant/Plaintiff/Counterclaim Defendant Indiana Insurance Company. In its response to Patricia’s petition, Indiana Insurance also requests that we clarify our holding regarding George’s knowledge. We grant Patricia’s rehearing petition in order to correct our factual error and in order to clarify our original holding.
In Ryan Gold v. Starr Weather , a 26-page decision with two opinions, Judge Riley writes:
Appellant-Petitioner, Ryan A. Gold (Father), appeals the trial court’s Order approving the relocation request of Appellee-Respondent, Starr C. Weather (Mother), and denying his motion to modify custody. We affirm.

Father raises two issues on appeal, which we restate as follows:
(1) Whether the trial court erred by finding that Mother’s relocation was made in good faith and for a legitimate purpose; and
(2) Whether the trial court erred by denying his motion to modify custody. * * *

BRADFORD, J. concurs
ROBB, J. concurs in result with separate opinion [which begins, at p. 21] I concur in the result reached by the majority, but write separately to comment on a troubling aspect of the specific proceedings here and relocation cases in general.

NFP civil opinions today (2):

D'Arcy Lambert-Knight v. John S. Shelhart and Jennifer Villars (NFP)

Jeanne Rippe v. Daniel Rippe (NFP)

NFP criminal opinions today (1):

Rio Michaels v. State of Indiana (NFP)

Posted by Marcia Oddi on August 7, 2014 11:43 AM
Posted to Ind. App.Ct. Decisions