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Friday, March 11, 2016

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

For publication opinions today (2):

In Indiana High School Athletic Association, Inc., and Hammond Gavit High School v. Nasir Cade, et al. , a 21-page opinion, Judge Robb writes:

The Indiana High School Athletic Association (“IHSAA”) appeals the trial court’s order granting a preliminary injunction in favor of Hammond High School (“Hammond”), Griffith High School (“Griffith”), and individual players from each school’s basketball team. The preliminary injunction prohibited the IHSAA from enforcing its suspension of Hammond and Griffith from the 2015 boys’ basketball state tournament.

The IHSAA contends the trial court erred in granting the preliminary injunction because neither the schools nor their students demonstrated a likelihood of success on the merits. In the alternative, the IHSAA argues the trial court erred in granting the preliminary injunction in favor of the students because the students lack standing and are not the real parties in interest.

Concluding the students no longer have a legally cognizable interest in the outcome of this case, we remand with instructions to dismiss the students’ claims as moot. As for the schools, we agree the trial court erred by concluding the schools demonstrated a likelihood of success on the merits; on the schools’ claims, we reverse and remand for proceedings consistent with this opinion.

In Beth A. Ahls v. Carleton E. Ahls , an 11-page opinion, Judge Crone writes:
Beth A. Ahls (“Wife”) appeals a property distribution order issued in conjunction with the dissolution of her marriage to Carleton E. Ahls (“Husband”). She asserts that the trial court clearly erred in dividing Husband’s three retirement accounts; refusing her request for survivor benefits associated with those accounts; and in refusing to order Husband to pay a portion of her attorney’s fees. Finding that the trial court clearly erred in applying the coverture fraction formula to the division of Husband’s retirement accounts, we reverse and remand. In all other respects, we affirm.
NFP civil decisions today (3):

American Federation of State, County & Municipal Employees, Council 62, Local 4009 AFL-CIO, and the Executive Branch of Gary, Indiana v. Gary Police Civil Service Commission, et al. (mem. dec.)

First Midwest Bank, as successor in interest to Bank Calumet, N.A. v. Dean Vander Woude and Timothy Koster (mem. dec.)

In re Adoption of A.M.S. (Minor Child) A.E.S. (Father) v. D.S. (Stepfather) (mem. dec.)

NFP criminal decisions today (6):

Amanda Gonzales v. State of Indiana (mem. dec.)

Sanchez K. Williams v. State of Indiana (mem. dec.)

Timothy Schoonover v. State of Indiana (mem. dec.)

Darian S. Bowman v. State of Indiana (mem. dec.)

Latasha Jenkins v. State of Indiana (mem. dec.)

Douglas Blankenship v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on March 11, 2016 11:03 AM
Posted to Ind. App.Ct. Decisions