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Tuesday, August 19, 2014

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

For publication opinions today (2):

In In the Matter of the Adoption of M.H., W.M. & S.K. v. N.B. & R.B. , a 24-page opinion, Judge Brown writes:

W.M. and S.K. (collectively, the “Appellants”) appeal the trial court’s order denying their petition for adoption of M.H. and granting the petition for adoption filed by R.B. and N.B. The Appellants raise two issues which we revise and restate as:
I. Whether the trial court erred by denying the Appellants’ Motion to Recuse after receiving an ex parte communication from the judge’s fraternity brother urging the judge to rule in a particular manner on the day of the adoption trial; and
II. Whether the trial court erred in finding that it was in the best interest of M.H. to be adopted by the Appellees.
We affirm.
In Lisa B. Gonzalez v. R. Stanton Evans , a 21-page opinion, Judge Barnes writes:
Lisa Gonzalez appeals the trial court’s order requiring her to pay $8289.33 in attorney fees to R. Stanton Evans and its failure to require Evans to pay any attorney fees to her. We affirm in part and reverse and remand in part.

The issues before us are:
I. whether the trial court properly ordered Gonzalez to pay $8289.33 in attorney fees to Evans in connection with his response to Gonzalez’s subpoena; and
II. whether the trial court erred in not holding a hearing on Gonzalez’s request to be awarded attorney fees in connection with her motion to compel discovery from Evans. * * *

We interpret Trial Rule 34(C)(3) as permitting non-parties to recover attorney fees associated with complying with a subpoena or other discovery request, but that refusing to comply with a discovery request solely on the basis that the parties cannot agree on an appropriate amount to pay does not constitute reasonable resistance to a discovery request. Evans did not reasonably resist Gonzalez’s subpoena, but he is entitled to some attorney fees associated with complying with the subpoena. Therefore, we reverse the award of $8229.33 in attorney fees to Evans and remand for determination of the amount of attorney fees he incurred in strict relation to complying with the subpoena. We affirm the trial court’s failure to award any attorney fees to Gonzalez upon her motion to compel, given her failure to present any evidence or make any argument to the trial court regarding any such fees despite having an opportunity to do so.

NFP civil opinions today (1):

In the Matter of the Parent Child Relationship of: M.G. (Minor Child), and S.B. (Father) v. Marion County Department of Child Services (NFP)

NFP criminal opinions today (2):

Eric T. Shamblin v. State of Indiana (NFP)

Sean D. Monroe v. State of Indiana (NFP)

Posted by Marcia Oddi on August 19, 2014 10:29 AM
Posted to Ind. App.Ct. Decisions