Diane B-W. (Mother) and Richard W. (Father) appeal the termination of their parental rights in Marion Superior Court, Juvenile Division, to their respective biological children. They present the following restated issues on appeal:... 1. Did the juvenile court commit reversible error when the presiding magistrate failed to sign the final order terminating Mother's and Father's parental rights?... 2. Did the Marion County Department of Child Services (MCDCS) fail to prove by clear and convincing...  

Appellant-respondent David L. Bartlemay appeals the trial court's order finding him in contempt of court for allegedly violating previous orders stemming from the post-dissolution proceedings between David and appellee-petitioner Nancy Witt, f/k/a Nancy Bartlemay. Specifically, David argues that the trial court improperly used its civil contempt power to "order illegal and punitive remedies and by determining that findings of the court, entered six years before by a different judge, were...  

Appellant-plaintiff Lowell J. Pflum appeals the judgment in favor of appellee-defendant Wayne County Board of Commissioners (the Board), claiming that the evidence was insufficient to support the conclusion that the Board's improvement project had not resulted in the discharge or casting of surface water upon Pflum's lot in accordance with the common enemy doctrine. Finding that the trial court properly applied the common enemy doctrine in determining that Wayne County (the County) did not...  

Comes now the Petitioner, Wayne Township, Marion County, Indiana (Wayne Township) and files a motion to reconsider (motion). Wayne Township presents two issues in its motion, which it claims require reversal of this Court's April 14, 2008 order... ... ... in the above-captioned matter. See Wayne Twp. v. Indiana Dep't of Local Gov't Fin. (Wayne Township III), No. 49T10-0711-TA-66, slip op. (Ind. Tax Ct. April 14, 2008). The Court restates those issues as:... I. Whether the administrative...  

Virginia Perry, Gregg Terhune, and other similarly situated individuals (the Petitioners) appeal the two final determinations of the Department of Local Government Finance (DLGF) approving Morgan County, Madison Township Board's (Board) loan resolutions. The Petitioners allege that the DLGF's final determinations are contrary to law, unsupported by the evidence, contrary to the weight of the evidence, arbitrary and capricious, and constitute an abuse of discretion. (See Petrs' V. Pet. for...  

Dagoberto Lopez was injured while riding in a van driven by an employee of Kenny Industrial Services. Yolanda Rice, as Lopez's guardian and next friend, filed suit against Kenny. Kenny filed a motion to dismiss, asserting the Worker's Compensation Act provided Lopez's exclusive remedy. The trial court granted the motion to dismiss, and we affirm... FACTS AND PROCEDURAL HISTORY... Lopez was employed by Labor Ready, a temporary staffing agency. On October 3, 1999, Lopez was assigned to work an...  

Case Corporation, Case IH, Case Equipment Corporation, Case LLC, CNH America LLC (collectively "Case") bring this petition for rehearing, requesting that we reconsider our conclusion that the trial court erred by granting Case's motion to strike the expert affidavit of Walter Yeager ("Yeager"). We reaffirm our opinion on that issue, but grant Case's petition for rehearing solely for the purpose of more fully explaining our decision on the issue of summary judgment... In addition...  

Case Summary... Raymond Byers appeals the trial court's award of retroactive child support and attorney fees for his adult son Brennan McGuire-Byers. We affirm in part, reverse in part, and remand... Issues... Raymond raises three issues, which we consolidate and restate as:... I. whether the trial court properly ordered him to pay retroactive child support; and... II. whether the trial court properly awarded attorney fees... Brennan and his mother, Mary McGuire, (collectively "the...  

The State of Indiana appeals the trial court's grant of summary judgment in favor of Jeanette Serowiecki, as Trustee under the provisions of the Louise Sikora Declaration of Trust dated July 30, 1984, (the Trustee) on the State's complaint to quiet title to an 18.6-acre tract of land in Newton County. On appeal, the State presents three issues for our review:... 1. Did the State acquire legal title to the disputed property based on the existence of a fence along a ditch and the long-time...  

This appeal raises several important issues about child support. First, in a claim for Parenting Time Credit under the Child Support Guidelines, the word "overnight" means overnight and not something else. Second, business deductions taken by a spouse that may be ordinary for tax purposes are not necessarily determinative for child support purposes. Third, payments to a former spouse for division of property are not deductions for child support purposes... ... ... Facts and Procedural...  

Bruce Herdt, Louis Evans, and Charlie Milburn (collectively "Remonstrators") appeal the trial court's dismissal of their complaint against the City of Jeffersonville ("City") and the Common Council of the City of Jeffersonville. The Remonstrators raise three issues, which we revise and restate as whether the trial court erred when it dismissed their complaint for lack of jurisdiction. We affirm... The relevant facts follow. On August 6, 2007, the City's Common Council adopted...  

Case Summary... James R. Webb ("Husband") appeals the trial court's treatment of the marital property in his dissolution from his wife, Nancy J. (Webb) Schleutker ("Wife"). Wife cross-appeals. The trial court did not abuse its discretion in including soon-to-be harvested crops in the marital pot and, when assigning a value to the crops, subtracting the value of the Husband's labor in planting, harvesting, and otherwise caring for the crops. Further, it was not an abuse of...  

Case Summary... Ronald J. Solnosky appeals the trial court's reduction of the jury's $1,491,886 verdict in favor of Solnosky and against Karen R. Goodwell, Derrick H. Wilson, and Mattox, Mattox & Wilson ("the Law Firm") (collectively, "the Lawyers") on his legal malpractice claim. Solnosky, Gary L. Miller, and Medical Marketing Resources SE, Inc. ("Medical Marketing") (collectively, "the Clients"), appeal the trial court's grant of the Law Firm's motion for...  

Case Summary... Scott A. Scales ("Husband") appeals a decree of dissolution of his marriage to Diane K. Scales ("Wife")1 and the trial court's denial of his motion to correct error. We affirm... Issues... Husband raises the following issues for our review:... I. Whether the trial court abused its discretion in denying Husband's motion to correct error related to its finding that the children had repudiated their relationship with Wife; and... II. Whether the trial court abused...  

Craig E. Teague appeals his convictions for Dealing Cocaine,1 as a class A felony, Maintaining a Common Nuisance,2 a class D felony, and Possession of Marijuana,3 a class A misdemeanor. While he presents three issues on appeal, we find the following restated issue dispositive: Did the trial court err by permitting the State to use Teague's prior silence to impeach his exculpatory story told for the first time at trial? Because the issue will almost certainly arise on retrial, we also address...  

Samuel M. Baumgartner, Jr. ("Baumgartner") was convicted in Monroe Circuit Court of Class D felony performing sexual conduct in the presence of a minor. Baumgartner appeals and presents three issues, which we restate as:... I. Whether the trial court erred in denying Baumgartner's motion for dismissal pursuant to Indiana Criminal Rule 4(C)... II. Whether the statute defining the crime for which Baumgartner was convicted is unconstitutionally vague;... III. Whether the evidence is...  

Roger J. Schlatter, Jr., ("Schlatter") pleaded guilty in DeKalb Superior Court to Class B felony sexual misconduct with a minor. Schlatter filed a petition for post-conviction relief, which the post-conviction court denied. Schlatter now appeals and claims that the post-conviction court erred in concluding that Schlatter's trial counsel was not ineffective for failing to present the defense of automatism. Concluding that the defense of automatism was not available to Schlatter due to...  

STATEMENT OF THE CASE... Appellant-Respondent, Jeffrey Smith (Smith), appeals the trial court's Findings of Fact and Conclusions of Law, ordering Smith to pay the extraordinary educational expenses for the private school education of his minor child... We affirm... ISSUE... Smith raises one issue on appeal, which we restate as follows: Whether the trial court abused its discretion by apportioning part of the minor child's extraordinary educational expenses to Smith... FACTS AND PROCEDURAL...  

STATEMENT OF THE CASE... Appellant-Petitioner, Gary Becker (Becker), appeals the trial court's Order modifying his child support... We reverse... ISSUE... Becker raises one issue on appeal, which we restate as: Whether the trial court abused its discretion by not making the abatement in his child support obligation retroactive to February 26, 1998, when the trial court entered the decree of dissolution of marriage and determined Becker's initial child support obligation... FACTS AND PROCEDURAL...  

STATEMENT OF THE CASE... Cemantha Sidell Wolljung ("Mother") appeals from the trial court's order granting a motion filed by Joseph Sidell ("Father") to modify custody of the parties' minor child, S.S. Mother presents a single issue for review, namely, whether the trial court abused its discretion when it granted Father's motion based on Mother's intent to relocate with the child... We reverse and remand with instructions... FACTS AND PROCEDURAL HISTORY1... Father and Mother...