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Ind. Gov't. - "Bill would send adoption notice to grandparents"

Shelby Mullis of TheStatehouseFile reports in a brief story in the Greensburg Daily News. Some quotes: Some Indiana grandparents could soon receive notification of a child’s adoption if one lawmaker’s bill continues to make strides. The idea for House Bill...

Posted in The Indiana Law Blog on March 15, 2017 09:08 AM

Ind. Decisions - Court of Appeals issues 3 opinion(s) today (and 6 NFP memorandum decision(s))

For publication opinions today (3): In In Re: the Grandparent Visitation of G.S., J.S. v. M.S. , a 6-page opinion, Judge Baker writes:J.S. (Mother) appeals the portion of the trial court’s order mandating that G.S. (Child) be permitted to have...

Posted in The Indiana Law Blog on January 17, 2017 01:05 PM

Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 6 NFP memorandum decision(s))

For publication opinions today (2): In D.B. and V.G. v. Indiana Department of Child Services , a 19-page opinion, Judge Altice writes:D.B. (Father) and V.G. (Mother) appeal following the involuntary termination of their parental rights. On appeal, they argue that...

Posted in The Indiana Law Blog on September 15, 2016 11:58 AM

Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 4 NFP memorandum decision(s))

For publication opinions today (2): In In the Matter of the Adoption of A.A. and L.A. (Minor Children) J.B. and S.B. v. R.C. and N.C., an 18-page opinion, Judge Bailey writes:J.B. and S.B. (“Parents” or “Adoptive Parents”) petitioned for guardianship...

Posted in The Indiana Law Blog on February 19, 2016 11:41 AM

Ind. Decisions - Court of Appeals issues 5 opinion(s) today (and 7 NFP memorandum decisions)

For publication opinions today (5): In American Cold Storage NA, et al. v. City of Boonville, a 19-page opinion, Judge Baker writes:Boonville seeks to annex an area of over 1,000 acres that is adjacent to the city. A group of...

Posted in The Indiana Law Blog on August 28, 2015 11:13 AM

Ind. Decisions - A third Supreme Court opinion today; this one on grandparent visitation

In In Re the Visitation of L-A.D.W., R.W. v. M.D. and W.D., a 17-page opinion in which 2 justices concur only in the result, Justice David writes:After a hearing, in which two mental health experts opined on what would be...

Posted in The Indiana Law Blog on July 30, 2015 03:42 PM

Ind. Gov't. - Gov. Jay Nixon of Missouri and Gov. Sam Brownback of Kansas react to same sex marriage

This was a long, interesting story in the Kansas City Star yesterday, reported by Dave Helling. A few quotes:The legal battle over same-sex marriage may have ended, but its value as a wedge issue remains intact — a fact governors...

Posted in The Indiana Law Blog on July 8, 2015 02:18 PM

Ind. Decisions - Court of Appeals issues 1 opinion today (and 4 NFP memorandum decisions)

For publication opinions today (1): In Kirk R. Jocham v. Melba Sutliff , a 12-page opinion, Judge Robb writes:Kirk Jocham (“Jocham”) appeals the trial court’s order granting grandparent visitation to Melba Sutliff (“Sutliff”). Jocham raises several issues for our review,...

Posted in The Indiana Law Blog on February 6, 2015 10:36 AM

Ind. Decisions - Court of Appeals issues 2 today (and 7 NFP)

For publication opinions today (2): Thrasher Buschmann & Voelkel, P.C. (TBV) v. Adpoint, Inc., Joel Hall, and Mary Hall is a 21-page opinion in a dispute over attorney fees. Judge Brown concludes:TBV has not shown that it is entitled to...

Posted in The Indiana Law Blog on January 13, 2015 10:59 AM

Ind. Decisions - Court of Appeals issues 5 today (and 21 NFP)

For publication opinions today (5): In Gilda Orange, et al., Members of the Common Council of the City of East Chicago, Ind. v. Hon. Sonya A. Morris , a 17-page opinion, Judge Bradford writes:In 2012, Appellants/Defendants Gilda Orange, et al.,...

Posted in The Indiana Law Blog on December 18, 2014 02:10 PM

Ind. Decisions - Court of Appeals issues 5 today (and 13 NFP)

For publication opinions today (5): In Crystal Valley Sales, Inc., Charles Kline, and Nancy Kline v. Jonathan Anderson, National Sales Company, Inc., Rodger Anderson, Camco Manufacturing, and Norm Geible , an 18-page opinion, Judge Crone writes:Crystal Valley Sales, Inc. (“Crystal...

Posted in The Indiana Law Blog on November 26, 2014 11:20 AM

Ind. Decisions - Court of Appeals issues 2 today (and 6 NFP)

For publication opinions today (2): In In re the Visitation of H.B., Adam Burris v. Timothy W. Schmidt and Anita J. Schmidt , a 10-page opinion, Judge Najam writes:Adam Burris (“Father”) appeals the trial court’s grandparent visitation order in favor...

Posted in The Indiana Law Blog on November 24, 2014 10:52 AM

Ind. Decisions - Court of Appeals issues 6 today (and 16 NFP)

For publication opinions today (6): In In re the Visitation of A.D. and B.D., Candy Miller v. Abby Dickens, a 13-page opinion, Judge Pyle writes:Paternal grandmother, C.M. (“Grandmother”) appeals the trial court’s denial of her petition for grandparent visitation, under...

Posted in The Indiana Law Blog on September 30, 2014 12:05 PM

Ind. Courts - IBA Appellate Roundtable with Justice Rucker and Chief Judge Vaidik

Commentary by Joel Schumm, professor at Indiana University's Robert H. McKinney School of Law IBA Appellate Roundtable with Justice Rucker and Chief Judge Vaidik Justice Rucker and Chief Judge Vaidik were the featured guests at the annual Appellate Roundtable hosted...

Posted in The Indiana Law Blog on August 14, 2014 12:58 PM

Ind. Decisions - Court of Appeals issues 4 today (and 4 NFP)

For publication opinions today (4): In J.P. v. G.M. and R.M. , a 10-page opinion, Judge Brown writes:J.P. (“Father”) appeals the trial court’s order granting the petition for visitation filed by G.M. (“Grandmother”) and R.M. (“Grandfather” and collectively “Grandparents”), the...

Posted in The Indiana Law Blog on July 28, 2014 01:17 PM

Ind. Decisions - Court of Appeals issues 0 today (and 7 NFP)

For publication opinions today (0): NFP civil opinions today (4): In re the Marriage of: Monica S. Yoldash n/k/a Monica S. Orta v. Ibrahim E. Yoldash (NFP) John Zapata d/b/a Zapata Collection Services, An Individual and as Assignee v. Ball...

Posted in The Indiana Law Blog on July 18, 2014 11:41 AM

Ind. Decisions - Court of Appeals issues 5 today (and 11 NFP)

For publication opinions today (5): In Jacqueline Myers v. Mark Myers, a 14-page opinion, Chief Judge Vaidik writes:Jacqueline Myers (“Mother”) filed a notice of intent to relocate from Indiana to Texas with her daughter, fourteen-year-old H.M. Mark Myers (“Father”) objected...

Posted in The Indiana Law Blog on July 15, 2014 12:40 PM

Ind. Decisions - Court of Appeals issues 1 today (and 17 NFP)

For publication opinions today (1): In Dennis Samples v. Steve Wilson and Donald & Ingrid Bannon, husband and wife, and Ronald & Edna Bannon, husband and wife , a 9-page opinion, Judge Bailey writes:Samples presents two issues for review, which...

Posted in The Indiana Law Blog on June 30, 2014 01:02 PM

Ind. Decisions - Court of Appeals issues 3 today (and 4 NFP)

For publication opinions today (3): In Shelly Bailey v. Lance Bailey, a 12-page, 2-1 opinion, Judge Barnes writes:The sole issue we address is whether the trial court erred in modifying custody when neither party requested a modification of custody. *...

Posted in The Indiana Law Blog on April 22, 2014 11:24 AM

Ind. Decisions - Court of Appeals issues 0 today (and 5 NFP)

For publication opinions today (0): NFP civil opinions today (3): In re: the Grandparent Visitation of C.S.N.: Brooke Neuhoff v. Scott A. Uberhor and Angela S. Ubelhor (NFP) Shawna Gallagher v. Jacob Gallagher (NFP) In re: the Marriage of: Carrie...

Posted in The Indiana Law Blog on April 4, 2014 02:26 PM

Ind. Decisions - More on "In same-sex couple dispute, COA calls for lawmakers to refine definition of 'parent'"

" Indiana court asks legislature to tackle same-sex custody: Elkhart women split up, fight for rights to 5-year-old" is the heading to a lengthy story by Madeline Buckley in the Sunday, Nov. 10 South Bend Tribune, re a custody battle...

Posted in The Indiana Law Blog on November 11, 2013 10:57 AM

Ind. Courts - A Remarkable First Year for Justice Loretta Rush

Commentary by Joel Schumm, professor at Indiana University's Robert H. McKinney School of Law One year ago Thursday, Justice Loretta Rush began her service as the 108th justice of the Indiana Supreme Court. Unlike her colleagues who faced early criticism...

Posted in The Indiana Law Blog on November 4, 2013 02:55 PM

Ind. Decisions - Court of Appeals issues 4 today (and 17 NFP)

For publication opinions today (4): In Darla M. Brenton, as Personal Representative of the Estate of Evelyn Norfleet, Deceased v. Leslie D. Lutz , a 9-page opinion, Judge Najam writes:Darla Brenton appeals the trial court’s order removing her as Special...

Posted in The Indiana Law Blog on July 30, 2013 12:11 PM

Ind. Decisions - One from Supreme Court today, re grandparent visitation

In In Re the Guardianship of A.J.A. and L.M.A., Minor Children; J.C. v. J.B. and S.B., a 7-page, 5-0 opinion, Justice David writes:The Grandparent Visitation Statute is very specific as to under what circumstances a trial court may order grandparent...

Posted in The Indiana Law Blog on July 18, 2013 10:13 AM

Ind. Decisions - Transfer list for week ending May 31, 2013

[Search all the Transfer Lists: The ILB feature, "Search the ILB Transfer Lists," allows you to do just that, back to Feb. 2004. Check it out. Read the instructions. Note that the search is now current through the April 12,...

Posted in The Indiana Law Blog on June 3, 2013 10:59 AM

Ind Courts - Court’s Interest in Child Cases Not Always Matched By Speed in Their Resolution

Commentary by Joel Schumm, professor at Indiana University's Robert H. McKinney School of Law Appellate Rule 21(A) requires expedited consideration of appeals involving “issues of child custody, support, visitation, adoption, paternity, determination that a child is in need of services,...

Posted in The Indiana Law Blog on April 2, 2013 10:06 AM

Ind. Decisions - Court of Appeals issues 2 today (and 5 NFP)

For publication opinions today (5): In State of Indiana v. Antonio Gonzalez-Vazquez, a 10-page opinion, Judge Bailey writes:The post-conviction court excluded the State’s response on grounds that Rule 6(E) was inapplicable; this was erroneous as a matter of law and...

Posted in The Indiana Law Blog on March 27, 2013 12:49 PM

Ind. Decisions - Supreme Court posts one this morning, re grandparent visitation

In In Re: Visitation M.L.B.: K.J.R. v. M.A.B., an 8-page, 5-0 opinion, Justice Rush writes:A child’s relationship with his grandparents is important, and can deserve protection under the Grandparent Visitation Act. But grandparent-visitation orders necessarily impinge, to some degree, on...

Posted in The Indiana Law Blog on March 7, 2013 10:28 AM

Ind. Courts - Two Justices Ask, “Why is This a Supreme Court Case?,” at Recent Oral Argument Involving an NFP Decision

Commentary by Joel Schumm, professor at Indiana University's Robert H. McKinney School of Law Appellate Rule 57(H) makes clear that a “grant of transfer is a matter of judicial discretion” and lists a number of “principal considerations” that suggest an...

Posted in The Indiana Law Blog on February 4, 2013 08:45 AM

Ind. Decisions - Court of Appeals issues 6 today (and 22 NFP)

For publication opinions today (6): Mark S. Weinberger, M.D., et al. v. Gloria Gill In Paul D. Edwards v. Zobeida E. Bonilla-Vega, a 6-page opinion, Judge May writes:Paul Edwards (Husband) appeals the distribution of marital assets as part of the...

Posted in The Indiana Law Blog on January 31, 2013 12:45 PM

Ind. Decisions - Court of Appeals issues 3 today (and 7 NFP)

For publication opinions today (3): Edward Gilliland v. State of Indiana is a 29-page, 2-1 opinion in an interlocutory appeal. From Judge Crone's opinion:A male high school girls volleyball coach gave foot rubs to and rubbed lotion on the backs...

Posted in The Indiana Law Blog on December 10, 2012 11:30 AM

Ind. Decisions - Upcoming oral arguments this week and next

This week's oral arguments before the Supreme Court (week of (12/3/12): Friday, December 7th 9:00 AM - In Re: Visitation of M.L.B.; K.J.R. v. M.A.B. (41S01-1209-MI-556) - One day before granting Stepfather’s petition to adopt Child, the trial court...

Posted in The Indiana Law Blog on December 3, 2012 08:42 AM

Ind. Decisions - Upcoming oral arguments this week and next [Corrected]

This week's oral arguments before the Supreme Court (week of (11/26/12): No oral arguments currently scheduled. Next week's oral arguments before the Supreme Court (week of (12/3/12): Friday, December 7th 9:00 AM - In Re: Visitation of M.L.B.; K.J.R....

Posted in The Indiana Law Blog on November 26, 2012 08:55 AM

Ind. Courts - A Grant of Transfer is Nine Times More Likely from A Published Court of Appeals’ Opinion

Commentary by Joel Schumm, professor at Indiana University's Robert H. McKinney School of Law One of the Court’s most important functions is deciding which of the approximately 900 Court of Appeals’ cases that come before it each year are...

Posted in The Indiana Law Blog on November 7, 2012 10:18 AM

Ind. Decisions - Transfer list for week ending September 28, 2012

[Search all the Transfer Lists: The ILB feature, "Search the ILB Transfer Lists," allows you to do just that, back to Feb. 2004. Check it out. Read the instructions. Note that the search is now current through the May 20,...

Posted in The Indiana Law Blog on October 1, 2012 11:15 AM

Ind. Decisions - Court of Appeals issues 0 today (and 8 NFP)

For publication opinions today (0): NFP civil opinions today (3): In Re the Term. of the Parent-Child Rel. of: C.V., O.V., and J.V. and G.J. v. The Indiana Dept. of Child Services (NFP) In the Matter of the Adoption of...

Posted in The Indiana Law Blog on June 14, 2012 01:46 PM

Ind. Law - Grandparents visitation rights, revisited

Reporter Tim Evans writes in the StarWatch blog today about a meeting he attended yesterday "in a small town about 100 miles from Indianapolis ... [in] a basement room at the local Elks lodge." A sample:Seated around a long table...

Posted in The Indiana Law Blog on March 15, 2012 01:20 PM

Courts - "Do grandparents get visitation rights? Supreme Court declines case"

This issue comes up a lot and the ILB has many entries. Yesterday, per this long story today in the Christian Science Monitor by Warren Richey, the SCOTUS:... declined to take up the grandparent’s appeal in a case testing when...

Posted in The Indiana Law Blog on February 22, 2012 10:48 AM

Courts - "Kentucky rulings can affect some fairly unusual events"

Andrew Wolfson of the Louisville Courier Journal has a lengthy story today - here he sets up the premise:Do you have the right to swear at a police officer who stops you for speeding? Are you liable if you wave...

Posted in The Indiana Law Blog on February 6, 2012 01:20 PM

Law - "The growing movement among grandparents' groups has alarmed many parents and their advocacy groups nationwide"

That is a quote from a long AP story by Stephanie Reitz, headlined "States' grandparent visitation laws raise concern," datelined Hartford, Conn., and published Nov. 5, 2011. Some quotes from mid-story:All 50 states have laws governing the conditions for non-parent...

Posted in The Indiana Law Blog on November 7, 2011 09:57 AM

Ind. Decisions - Court of Appeals issues 3 today (and 11 NFP)

For publication opinions today (3): In In Re: The Marriage of J.D.S. and A.L.S.; M.S. v. A.L.S., a 7-page opinion, Chief Judge Robb writes:M.S. (“Grandmother”) appeals the trial court's order dismissing her Petition to Modify Grandparental Visitation. Concluding the trial...

Posted in The Indiana Law Blog on September 1, 2011 10:58 AM

Ind. Decisions - Court of Appeals issues 4 today (and 13 NFP)

For publication opinions today (4): In Ronnie Q. Henderson v. State of Indiana, an 11-page opinion, Judge Barnes writes:The sole restated issue we address is whether the decision of the United States Supreme Court in Arizona v. Gant, 556 U.S....

Posted in The Indiana Law Blog on August 29, 2011 12:49 PM

Catch-up: What did you miss over the weekend from the ILB?

Here is the answer to "What did you miss over the weekend from the ILB? From Sunday, June 12, 2011: Courts - "Arkansas Supreme Court justice says clothing ad a surprise, asks designer to stop using her image" Courts...

Posted in The Indiana Law Blog on June 13, 2011 09:44 AM

Courts - "Alabama's top court overturns law granting grandparents limited visitation rights"

Eric Velasco of the Birmingham News reported June 10th:MONTGOMERY, Alabama -- An Alabama law granting grandparents limited visitation rights was declared unconstitutional Friday by an Alabama Supreme Court majority that said the law clashed with fit parents' right to decide...

Posted in The Indiana Law Blog on June 12, 2011 09:59 AM

Ind. Decisions - Upcoming oral arguments this week and next

This week's oral arguments before the Supreme Court (week of 8/23/10): Thursday, August 26th 9:00 AM - Matter of Adoption of L.D. (49S02-1006-CV-330) - The Marion Superior Court granted an adoption petition filed by the child's paternal grandparents. The...

Posted in The Indiana Law Blog on August 23, 2010 06:00 AM

Ind. Decisions - Upcoming oral arguments this week and next

This week's oral arguments before the Supreme Court (week of 8/16/10): None currently scheduled. Next week's oral arguments before the Supreme Court (week of 8/23/10): Thursday, August 26th 9:00 AM - Matter of Adoption of L.D. (49S02-1006-CV-330) - The...

Posted in The Indiana Law Blog on August 16, 2010 08:23 AM

Ind. Decisions - Transfer list for week ending June 25, 2010

Here is the Clerk's transfer list for the week ending June 25, 2010. It is two pages (and 27 cases) long. Four transfers were granted last week, and there was one dismissal. Two of the transfers were granted "with...

Posted in The Indiana Law Blog on June 28, 2010 11:06 AM

Ind. Decisions - Court of Appeals issues 2 today (and 5 NFP)

For publication opinions today (2): In Sam's East, Inc. v. United Energy Corporation, Inc., et al. , a 9-page opinion, Judge Basrnes concludes:Here, the BZA found that the need for the variance arose because the property was purchased and permitted...

Posted in The Indiana Law Blog on June 11, 2010 01:42 PM

Ind. Decisions - Court of Appeals issues 5 today (and 9 NFP)

For publication opinions today (5): In Franklin Electric Company, Inc. v. Lutheran Hospital of Indiana, et al. , a 24-page opinion, Judge Robb writes:Lutheran Hospital of Indiana (“Lutheran”) and Bluffton Regional Medical Center (“Bluffton”) filed a declaratory judgment action seeking...

Posted in The Indiana Law Blog on March 31, 2010 10:20 AM

Ind. Law - More on: Bill to significantly expand authority of Attorney General

Senate Bill 394, a bill which would significantly expand the authority of the Attorney General, as described in this Feb. 2, 2010 ILB entry, passed Third Reading in the House Feb. 25th by a vote of 94-2. The two votes...

Posted in The Indiana Law Blog on March 3, 2010 03:27 PM

Ind. Law - Even more on "Grandparents testify in Indy to establish visitation rights"; Bill defeated

Updating the ILB entry from Feb. 26th, I am posting this press release from State Representative Cindy Noe, dated today, March 2nd, and headed "Courts Should Leave Intact Families Intact."Recently, I voted against a bill which would have greatly expanded...

Posted in The Indiana Law Blog on March 2, 2010 02:17 PM

Ind. Law - Still more on "Grandparents testify in Indy to establish visitation rights"; Bill defeated [Updated]

Updating this ILB entry from Jan. 31, 2010, which quoted a letter published in the Jan. 30th Terre Haute Trib-Star, headlined "Intrusive expansion of visitation litigation", written by Karen A. Wyle, a Bloomington attorney, I was surprised when checking legislation...

Posted in The Indiana Law Blog on February 26, 2010 11:01 AM

Ind. Decisions - Court of Appeals issues 3 today (and 8 NFP)

For publication opinions today (3): In Donald and Sandra Myers v. Andrew Yoder, et al. , a 20-page opinion (including a concurring opinion), Chief Judge Baker writes:Appellants-plaintiffs Donald W. Myers and Sandra F. Myers (collectively, the Myerses) appeal the trial...

Posted in The Indiana Law Blog on February 25, 2010 10:40 AM

Ind. Courts - Seventh weekly installment of the Legislative Update for the 2010 legislative session; plus ILB review

The Legislative Update blog, publishing weekly during the legislative session by the Indiana Judicial Center, has posted this seventh weekly update. ILB Review: The upcoming week has a few committee meetings considering bills in the House on Monday, Feb. 22nd,...

Posted in The Indiana Law Blog on February 20, 2010 03:04 PM

Ind. Law - Updates on some proposed legislation

Elections. "Two plans to ease voting stumble" is the headline to this Feb. 16th story by Niki Kelly of thew Fort Wayne Journal Gazette. Some quotes:Two major election proposals – no-fault absentee voting by mail and allowing counties to use...

Posted in The Indiana Law Blog on February 16, 2010 02:55 PM

Catch-up: What did you miss over the weekend from the ILB?

Good morning and welcome to another work week. Here is the answer to "What did you miss from the ILB during the past weekend?" From Sunday, Jan. 31, 2010: Ind. Gov't. - According to new report, Counties could save...

Posted in The Indiana Law Blog on February 1, 2010 07:50 AM

Ind. Law - More on "Grandparents testify in Indy to establish visitation rights"

Updating this ILB entry from Jan. 19, 2010, about SB 59 (which passed third reading in the Senate Jan. 25th with a vote of Yeas 44 and Nays 6), here is a letter published in the Jan. 30th Terre Haute...

Posted in The Indiana Law Blog on January 31, 2010 08:17 AM

Ind. Law - "Grandparents testify in Indy to establish visitation rights"

Kelly Lynch reported Jan. 17, 2010 in the Evansville Courier & Press on SB 59, which was approved by the Senate Judiciary Committee last Tuesday. The digest:Grandparent and great-grandparent visitation. Allows great-grandparents to seek visitation rights with their great-grandchildren in...

Posted in The Indiana Law Blog on January 19, 2010 09:05 AM

Catch-up: What did you miss over the weekend from the ILB?

Here is the answer to "What did you miss over the weekend from the ILB?" From Sunday, Dec. 20, 2009: Law - Grandparents' visitation rights in Iowa Ind. Gov't. - "BMV relaxes on Secure ID: Federal rules not in...

Posted in The Indiana Law Blog on December 21, 2009 07:02 AM

Law - Grandparents' visitation rights in Iowa

Thanks to How Appealing, here is a link to a comprehensive story Friday in the Dec. 18, 2009 Des Moines Register. Here are a number of ILB entries mentioning grandparents visitation....

Posted in The Indiana Law Blog on December 20, 2009 05:12 PM

Ind. Decisions - Court of Appeals issues 4 today (and 7 NFP)

For publication opinions today (4): In Howard Allen Deel v. Albia Ruth Deel , a 10-page opinion, Judge Kirsch concludes:We affirm the trial court‟s finding that Husband was in contempt for nonpayment of Wife‟s medical insurance premiums. We reverse its...

Posted in The Indiana Law Blog on July 20, 2009 10:55 AM

Ind. Decisions - Court of Appeals issues 4 today (and 17 NFP)

For publication opinions today (4): Indiana Family and Social Services Administration v. Robert T. Pickett - "[W]e grant rehearing for the limited purpose of making clear that we intended to affirm the trial court’s order of reversal and remand. To...

Posted in The Indiana Law Blog on July 7, 2009 12:54 PM

Ind. Decisions - Court of Appeals issues 5 today (and 12 NFP)

For publication opinions today (5): In Kenneth E. Smith, Jr. and Cathy Smith, et al v. Gerhard King and Christine King, a 3-page opinion on rehearing, Judge Brown writes:Jeffrey Harbrecht petitions for rehearing of this court's published opinion in Smith...

Posted in The Indiana Law Blog on June 23, 2009 01:56 PM

Ind. Decisions - Supreme Court decides one today, on grandparents' rights [Corrected]

In the Matter of the Paternity of K.I., by Grandmother and Next Friend J.I. v. J.H. is a 13-page, 5-0 opinion authored by Justice Rucker, who writes:The trial court modified the custody of a minor from the child's maternal grandmother...

Posted in The Indiana Law Blog on March 25, 2009 12:00 PM

Ind. Decisions - Court of Appeals issues 6 today (and 7 NFP)

For publication opinions today (6): In DLZ Indiana, LLC v. Greene County, Indiana , a 14-page opinion, Judge Najam writes:In this appeal, we are asked once again to consider what constitutes a joint venture. DLZ Indiana, LLC, (“DLZ”) appeals from...

Posted in The Indiana Law Blog on March 12, 2009 10:50 AM

Ind. Decisions - Court of Appeals issues 4 today (and 7 NFP)

For publication opinions today (4): Elizabeth and Terry Baker v. Donnie Lee is a grandparent visitation case where the paternal grandmother (Baker) adopted the children and the trial court awarded paternal grandfather (Lee) visitation. In a 7-page opinion, Judge Bailey...

Posted in The Indiana Law Blog on February 19, 2009 12:23 PM

Ind. Decisions - Court grants transfer in four cases

The formal transfer list will follow later this week, but the ILB has received notice that four* cases have been granted transfer: James Butler v. Indiana Dep't of Ins. - Transfer granted after oral argument yesterday April 30th. See summary...

Posted in The Indiana Law Blog on May 1, 2008 11:02 AM

Ind. Decisions - Court of Appeals issues 6 today (and 19 NFP)

For publication opinions today (6): In James Hicks v. Gary and Judy Larson, a 12-page, 2-1 opinion concerning grandparent visitation, Judge Mathias writes:Gary and Judy Larson filed in Gibson Circuit Court a petition for grandparent visitation. The Larsons (“Grandparents”) are...

Posted in The Indiana Law Blog on April 10, 2008 02:12 PM

Ind. Decisions - Court of Appeals issues 4 today (and 10 NFP)

For publication opinions today (4): Ronnie Manigault v. State of Indiana - "We find no abuse of discretion in admitting the cocaine where 1) Manigault’s initial detention was valid under both the federal and state constitutions; 2) Trooper Smith subsequently...

Posted in The Indiana Law Blog on February 22, 2008 01:04 PM

Ind. Decisions - Court of Appeals issues 2 today (and 7 NFP)

For publication opinions today (2): In Bank of America v. Kou Chin Ping, Waterwood of Carmel Homeowners Association, Inc., Bank One, N.A. f/k/a Bank One of Indiana, N.A., a 12-page decision, Judge Najam writes:Bank of America, N.A. (“Bank of America”)...

Posted in The Indiana Law Blog on January 29, 2008 01:35 PM

Ind. Decisions - Court of Appeals issues 13 today (and 21 NFP)

Additional summaries may follow. For publication opinions today (13): In Paul McMurray v. Nationwide Mutual Insurance Co. , a 12-page opinion, Judge Mathias writes:At issue in this appeal is whether “other insurance” clauses in the polices of both Nationwide and...

Posted in The Indiana Law Blog on December 28, 2007 01:53 PM

Courts - "There is no such thing as grandparents' rights. A right is something you're entitled to. Therefore, there can't be grandparents' visitation rights,"

That is a quote from the mother's attorney after a successful Illinois Supreme Court ruling involving the child's grandmother. Here are quotes from an editorial yesterday in the Sauk Valley Newspapers (serving Dixon, Sterling and Rock Falls, Illinois). From the...

Posted in The Indiana Law Blog on December 3, 2007 02:42 PM

Law - Arizona ruling involving move to Indiana may derail grandparents' visitation rights in that state

Howard Fischer of the Arizona Business Gazette reports:A new court ruling could set back more than two decades of efforts by grandparents to secure visitation rights in divorce cases. In a unanimous decision, the state Court of Appeals acknowledged that...

Posted in The Indiana Law Blog on November 22, 2007 07:42 PM

Ind. Decisions - Court of Appeals issues 8 today (and 15 NFP)

For publication opinions today (8): In Beverly R. Newman v. Jewish Community Center Association of Indianapolis, Inc., et al, a 24-page opinion, Chief Judge Baker writes:Beverly Newman and her daughter, Julie Sondhelm, have an extremely volatile relationship, as detailed in...

Posted in The Indiana Law Blog on October 31, 2007 12:10 PM

Ind. Decisions - Court of Appeals issues 1 today (and 6 NFP)

Court of Appeals holds "Allen County Local Criminal Rule 9, requiring requests for instructions to be submitted prior to trial, is incompatible with the Indiana Trial Rule 51(C) allowing such requests at the close of evidence" and reverse the convictions...

Posted in The Indiana Law Blog on May 18, 2007 02:03 PM

Law - Changing role of grandparents?

The ILB has posted a number of entries about cases concerning grandparents' visitation. Here is a list of some of them. Here is an interesting entry in the blog, Concurring Opinions, titled "Should the Law Recognize Grandparents’ Changing Roles?" The...

Posted in The Indiana Law Blog on May 15, 2007 10:31 AM

Ind. Decisions - Court of Appeals issues 3 today (and 11 NFP)

For publication opinions today (3): Cincinnati Insurance Company v. Second Injury Fund - "Cincinnati Insurance Company (“Cincinnati Insurance”), on behalf of Jeffrey Struyf (“Struyf”), appeals the Worker’s Compensation Board of Indiana’s denial of Struyf’s application for payment of medical expenses...

Posted in The Indiana Law Blog on April 11, 2007 11:29 AM

Law - "Supreme Court of Texas refuses to extend that State's grandparent visitation law to step-grandparents"

That is the heading of this entry today in Howard Bashman's blog, How Appealing, which quotes from the Texas court's opinion, including "the step-grandfather is neither a biological nor an adoptive grandparent." Readers may recall a similar decision by the...

Posted in The Indiana Law Blog on March 27, 2007 02:15 PM

Law - "Challenge of Grandparent’s Right of Custody Denied High Court Review"

Grandparent visitation rights (see a list of some ILB entries here) was the subject of this Feb. 26, 2007 ILB entry, which included a discussion of the grandparent visitation case of Fausey v. Hiller, for which a cert petition had...

Posted in The Indiana Law Blog on March 27, 2007 09:01 AM

Ind. Decisions - Court of Appeals judge rejects recusal motion

On Jan. 24, 2007, the Court of Appeals issued a 3-0 NFP opinion in the case: In Re the Visitation of M.S. and K.S. by Next Best Friend Beverly R. Newman (NFP). Judge Baker wrote the 26-page opinion, in which...

Posted in The Indiana Law Blog on March 22, 2007 08:47 AM

Law - Two parents' rights cases before the U.S. Supreme Court [Updated]

Tony Mauro of Legal Times writes today in a story headlined: "Parents Fight for the Right to Represent Their Children in Case Before High Court: Local bar associations have investigated parent-advocates for unauthorized practice of law." His long and fascinating...

Posted in The Indiana Law Blog on February 26, 2007 08:39 AM

Law - Grandparents' visitation rights

Diana Skaggs, of the Kentucky Divorce and Family Law Blog, has this entry today titled "Two New Post-Troxel Grandparent Cases." She references a Findlaw column by Hofstra University law professor Joanna Grossman, headlined "Two More State Supreme Courts Uphold Grandparent...

Posted in The Indiana Law Blog on September 20, 2006 07:52 AM

Ind. Law - "New law zeroes in on moving, custody"

A story by Bryan Corbin in the Evansville Courier& Press this week reports that:Beginning July 1, divorced parents who have custody of their children won't be able to pull up stakes and leave town legally, without notifying their ex-spouses first....

Posted in The Indiana Law Blog on June 21, 2006 06:28 AM

Law - Grandparents' rights granted in Ohio Supreme Court decision

"Grandparents Given Rights by Ohio Court" is the headline to a story today in the NY Times. Some quotes:Ohio's highest court unanimously ruled yesterday that the grandparents of an 8-year-old girl must be allowed to visit her over the objections...

Posted in The Indiana Law Blog on October 11, 2005 04:27 PM

Indiana Decisions - 7 posted today by Court of Appeals

Donald J. DeSalle v. Barbara S. DeSalle Gentry (11/22/04 IndCtApp) [Family Law] Riley, Judge * * * Based on the foregoing, we find that the trial court properly divided the marital assets between DeSalle and Gentry, with the exception of...

Posted in The Indiana Law Blog on November 22, 2004 01:56 PM

Law - Grandparent visitation in California

On August 13th I posted this entry about grandparents' rights in Illinois, which also reviewed some earlier entries. This week the California Supreme Court ruled on the issue, as reported in this story at Law.com. Some quotes:Grandparents have the right...

Posted in The Indiana Law Blog on August 27, 2004 09:58 AM

Law - Grandparents' rights in Illinois

There have been a number of Indiana decisions on grandparents' visitation rights and I plan to do an article on this at some point in the near future. For instance, in June there was a much-reported Indiana Court of Appeals...

Posted in The Indiana Law Blog on August 13, 2004 11:17 AM

Indiana Decisions - Four Court of Appeals Opinions Posted Today

Forty-One Associates, LLC v. Bluefield Associates (6/1/04 IndCtApp) [Real Estate; Banking] Baker, JudgeWe find that the trial court did not err in finding that Forty-One, as the fee simple owner of the property, bears the risk of loss as to...

Posted in The Indiana Law Blog on June 2, 2004 04:18 PM

Indiana Decisons - Five Court of Appeals Rulings Posted Today

Margaret Young, Guardian of Michael Sweeney v. Estate of Robin Sweeney (5/28/04 IndCtApp) [Civil Procedure] May, Judge[W]e find sua sponte we have no jurisdiction to hear this appeal and therefore dismiss it. * * * Because Youngs interlocutory appeal is...

Posted in The Indiana Law Blog on May 28, 2004 02:16 PM