« Ind. Courts - "State could limit Twitter use in courtrooms" | Main | Courts - CA 6 voids Michigan sex offender registry for imposing unconstitutionally retroactive punishment »

Thursday, August 25, 2016

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

For publication opinions today (2):

In Estate of Kelly Ecker, by its Personal Representative, Patricia Ann Leturgez v. Estate of George Scott Samson, an 11-page opinion, Judge Bailey writes:

The Estate of Kelly Ecker, by its Personal Representative, Patricia Ann Leturgez (“the Ecker Estate”), appeals a summary judgment order denying the Ecker Estate’s motion for summary judgment against the Estate of George Scott Samson (“the Samson Estate”) and granting the summary judgment motion of Intervenors Jennifer Samson, Maria Sa mson, and Katherine Samson (“the Samson Daughters”). The Ecker Estate presents the sole issue of whether the trial court erred as a matter of law in determining that the George S. Samson M.D. Profit Sharing Plan and Trust (“the Profit Sharing Plan”) was, pursuant to Indiana Code Section 32-17-13-1(b), property specifically excluded from the definition of a “nonprobate transfer” recoverable to pay estate claims. We affirm. * * *

Ultimately , the Ecker Estate asks that we provide restriction s upon the broad exclusionary language of Indiana Code Section 32-17-13-1(b). However, courts may not engraft new words onto a statute or add restrictions where none exist. Kitchell v. Franklin , 997 N.E.2d 1020, 1026 (Ind. 2013). The Profit Sharing Plan falls within the exclusionary language of 32-17-13 -1(b) and is not recoverable by the personal representative of the Samson Estate for the payment of allowable probate claims. Although we are mindful of the tragic circumstances preceding this litigation, the law compels this result.

In In re the Scott David Hurwich 1986 Irrevocable Trust Scott D. Hurwich v. Stacey R. MacDonald, a 13-page opinion, Judge Bradford writes:
Appellant-Plaintiff Scott Hurwich is the settlor and beneficiary of the Scott David Hurwich 1986 Irrevocable Trust (“the Trust”). Appellee-Defendant Stacey R. MacDonald served as trustee of the Trust until her removal at Hurwich ’ s request on November 28, 2012. Hurwich filed aHurwich’s request on November 28, 2012. Hurwich filed a complaint against MacDonald which alleged that MacDonald mismanaged Trust assets while acting as trustee. MacDonald filed a motion to dismiss Hurwich’s complaint which the probate court granted. Hurwich filed a motion to reconsider which he later requested to be treated as a motion to correct error. Over the following six months, the probate court held two hearings on the motion to reconsider and the parties submitted several briefs in support of their positions. The probate court never made a ruling on the motion and Hurwich filed his appeal in February of 2016. On appeal, the parties dispute (1) whether Hurwich timely filed his notice of appeal, and (2) whether the probate court erred in granting MacDonald’s motion to dismiss. We reverse the probate court’s order dismissing Hurwich’s claims. complaint against MacDonald which alleged that MacDonald mismanaged Trust assets while acting as trustee. MacDonald filed a motion to dismiss Hurwich's complaint which t he probate court granted. Hurwich filed a motion to reconsider which he later requested to be treated as a motion to correct error. Over the following six months, the probate court held two hearings on the motion to reconsider and the parties submitted several briefs in support of their positions. The probate court never made a ruling on the motion and Hurwich filed his appeal in February of 2016. On appeal, the parties dispute (1) whether Hurwich timely filed his notice of appeal, and (2) whether the probate court erred in granting MacDonald's motion to dismiss. We reverse the probate court's order dismissing Hurwich's claims.
NFP civil decisions today (1):

Imad A. Elayan v. Vincent M. Campiti (mem. dec.)

NFP criminal decisions today (8):

William Verlin Martz v. State of Indiana (mem. dec.)

Robert Smith v. State of Indiana (mem. dec.)

David Bryan Cunningham v. State of Indiana (mem. dec.)

Maurice Louis McCoy v. State of Indiana (mem. dec.)

Chanse T. Starr v. State of Indiana (mem. dec.)

Anita Rodriguez v. State of Indiana (mem. dec.)

Latroy Maxwell v. State of Indiana (mem. dec.)

Dameco Brent v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on August 25, 2016 11:02 AM
Posted to Ind. App.Ct. Decisions