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Monday, August 24, 2015

Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 9 NFP memorandum decisions)

For publication opinions today (2):

In Benny Harris v. Tonya Harris (n/k/a Keith) , a 16-page, 2-1 opinion, Judge Barnes concludes:

Because the trial court erroneously ordered the division of Benny’s Tier I railroad retirement benefits when the account reaches pay status, we reverse and remand with instructions to strike that language from the order. However, Benny has not established that the trial court abused its discretion in dividing the marital estate, and Tonya has not established that an award of appellate attorney fees is warranted. We affirm in part, reverse in part, and remand. Affirmed in part, reversed in part, and remanded.

Najam, J., concurs.
Kirsch, J., concurs in part and dissents in part with opinion [which begins at p. 16, with] I fully concur with my colleagues' holding that the trial court erred by ordering Husband to make an off-setting payment to Wife for his future receipt of the Tier I benefits. I reach a different conclusion regarding the division of the remainder of the marital estate, and for such reason, I respectfully dissent.

In Thomas Missler and Allison Missler v. State Farm Insurance Company and Indiana Restoration & Cleaning Services, Inc., a 13-page opinion, Judge Kirsch writes:
We conclude that, based on the designated evidence, there remain genuine issues of material fact as to whether the terms of the Contract entered into by the Misslers with IRCS were so oppressively one-sided and harsh as to make the Contract unconscionable. Therefore, the trial court erred when it granted summary judgment in favor of IRCS. We remand to the trial court for further proceedings to determine whether the Contract between the Misslers and IRCS was enforceable. Affirmed in part, reversed in part, and remanded.
NFP civil decisions today (3):

In the Matter of the Term. of the Parent-Child Relationship of T.K., Mother, J.W.R., Father, and K.R., J.R., and N.K., Children: T.K. and J.W.R. v. Ind. Dept. of Child Services (mem. dec.)

Dennis Gifford and Mary Gifford v. Jeffrey Wicks and James Ector (mem. dec.)

Kirsten L. Nolan v. Matthew A. Huff (mem. dec.)

NFP criminal decisions today (6):

James Johnson v. State of Indiana (mem. dec.)

Patrick D. Keith v. State of Indiana (mem. dec.)

Robert A. Olson v. State of Indiana (mem. dec.)

Hans Gunther Oberth v. State of Indiana (mem. dec.)

Eugene Hill v. State of Indiana (mem. dec.)

Donnis K. Wilkerson v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on August 24, 2015 01:14 PM
Posted to Ind. App.Ct. Decisions