Monday, October 26, 2015
Ind. Decisions - Transfer list for week ending October 23, 2015
Here is the Clerk's transfer list for the week ending Friday, October 23, 2015. It is two pages (and 24 cases) long.
Three transfers were granted last week:
- Town of Fortville v. Certain Fortville Annexation Territory - this was a July 2, 2015 COA opinion.
- April Goodwin, et al. v. Yeakle's Sports Bar and Grill, Inc. - this was a March 25, 2015 COA opinion (3rd case) that begins: "This case presents yet another opportunity for Indiana’s appellate courts to clarify the Indiana test for determining whether a duty exists in a negligence action, an issue that has created confusion at every level of our judiciary. There are two tests in Indiana."
- Adam M. Horton v. State of Indiana - this was a July 28, 2015 NFP COA opinion that concludes "... we conclude that Horton knowingly, voluntarily, and intelligently waived his right to a jury trial on his Class D felony enhancement".
One of the blocks of the foundation of America is an individual’s ability to seek to right a wrong through the courts of justice. In a civil case, a plaintiff entrusts his plight and cause to his attorney. The instant matter involves the disturbing tale of a husband and wife whose confidence and trust was betrayed by the very attorney to which they had entrusted their cause of action. The just and normal inclination in such a matter is to punish the wrongdoer and make the victims whole. While William Conour, i.e., the wrongdoer, has been punished and now occupies his appropriate place in federal prison, to date, it appears that these victims have not been made whole for the misdeeds inflicted upon them.
In an attempt to redress this wrong, Appellees/Cross-Appellants/Plaintiffs Jim and Diana Love (collectively, the “Loves”) now seek relief from Appellant/Cross-Appellee/Defendant Timothy Devereux, a former member of Conour’s law practice. However, in light of the facts of this particular case, we find that Devereux satisfied his legal duty to the Loves based on his lack of knowledge of any specific wrongdoing by Conour relating to the Loves. We therefore reverse the judgment of the trial court in this regard and remand the matter to the trial court with instructions that the trial court grant summary judgment in favor of Devereux.
Posted by Marcia Oddi on October 26, 2015 12:55 PM
Posted to Indiana Transfer Lists