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Friday, June 17, 2016

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 5 NFP memorandum decision(s))

For publication opinions today (1):

In Richard C. Gallops and Patricia A. Gallops v. Shambaugh Kast Beck & Williams, LLP, a 10-page opinion, Sr. Judge Sharpnack writes:

Richard C. Gallops and Patricia A. Gallops seek to appeal an agreed judgment claiming error in interlocutory orders entered by the trial court prior to the parties submitting the agreed judgment to the trial court who consented to it. Because Indiana has long held that no appeal can be taken from an agreed judgment, we dismiss this appeal. * * *

Although there are several issues presented in this appeal, we sua sponte raised an issue that is dispositive of this appeal; namely can a party appeal from an agreed judgment? After conducting our own research and considering the additional briefing of the issue by the parties, we conclude that long standing precedent answers that question in the negative. * * *

In the present case, there is nothing explicit in the agreed judgment concerning an appeal of any issues after entry of the agreed judgment. Indeed, the only language referring to the effect of the entry of the agreed judgment is that it would be entered on the trial court’s docket “as a final judgment” and that the “judgment will have the same effect as if the case had proceeded to trial, as it is presently postured, a verdict had been arrived at by a jury on all presently pending claims, and the Court had then entered judgment in favor of Shambaugh Kast.” Appellants’ App. p. 10. Furthermore, there is no evidence that the trial court intended for the agreed judgment to be appealable. Finally, unlike the panel in Bemenderfer, we decline to accept appellate review, and instead follow our Supreme Court’s precedent that agreed judgments are not appealable.

NFP civil decisions today (1):

In the Termination of the Parent-Child Relationship of: G.K., S.K., & J.V. (Minor Children) and R.v. (Mother) & J.S. (Father) v. Ind. Dept. of Child Services (mem. dec.)

NFP criminal decisions today (4):

Daniel Massengale v. State of Indiana (mem. dec.)

Trayshaun J. Pernell v. State of Indiana (mem. dec.)

Larry Shawn Martin v. State of Indiana (mem. dec.)

Jayme Michelle Dollens v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on June 17, 2016 01:24 PM
Posted to Ind. App.Ct. Decisions