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MATT LAUER REMORSEFUL

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Adopt A Pet

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Magnolia is a 5-year-old female Australian Shepherd mix. She was found as a stray and never reclaimed! She weighs 47 lbs. Her adoption fee is $100 and includes her spay, microchip, vaccines, and heartworm test. Contact Vanderburgh Humane at (812) 426-2563 for details!

 

Supreme Court stays consideration of appeal

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Olivia Covington for www.theindianalawyer.com

After determining a Monroe County appeal that came before the Indiana Court of Appeals was not an appeal of a final judgment, the Indiana Supreme Court has stayed its consideration of the case and remanded for the trial court to decide if it will enter a final appealable judgment.

The Indiana Court of Appeals handed down an opinion in May in the Monroe County case, which stemmed from the Town of Ellettsville Plan Commission grant of a request to amend a subdivision plat to allow Richland Convenience Story Partners, LLC to move a utility easement. Joseph V. DeSpirito, Richland’s neighbor who benefitted from the location of the easement, sued for judicial review, declaratory and injunctive relief and damages.

All three parties filed cross-motions for summary judgment, and the Monroe Circuit Court entered summary judgment in favor of DeSpirito and stated a preliminary injunction against Richland would remain in effect. However, the trial court did not rule on DeSpirito’s request for damages or a permanent injunction.

The Indiana Court of Appeals reversed that decision on the grounds that local regulations did not require DeSpirito’s consent in the circumstances of the instant case.  However, the the appellate court first grappled with the question of whether Richland and the commission had appealed from a final judgment, considering a preliminary, rather than permanent, injunction remained in place.

The court ultimately decided to consider the case on the grounds that the Supreme Court “significantly relaxed procedural requirements in this regard” in the case of In re D.J. v. Indiana Department of Child Services, 68 N.E.3d 574 (Ind. 2017). The high court however, disagreed with the lower court’s reading of D.J. in a Tuesday per curiam opinion.

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”Nothing in D.J. eliminated or relaxed the requirements for appellate jurisdiction,” the court wrote. “It reaffirmed that the prerequisites for appellate jurisdiction are (1) entry of an appealable order by the trial court and (2) the trial court clerk’s entry of the notice of completion of the clerk’s record on the chronological case summary… D.J. explained that in a child in need of services (‘CHINS’) case, the CHINS determination is not a final judgment and that finality does not occur until the court enters a dispositional order.”

Unlike in D.J., the record in the instant case shows no final judgment, the high court said. Rather, the order the trial court entered did not direct entry of judgment on less than all of the issues, claims or parties, or determine there was not just reason for delay, as is required for an order to be considered a final judgment.

Thus, rather than ruling on DeSpirito’s appeal, the justices stayed its consideration and instead remanded the case for the trial court to decide within 90 days whether to expressly determine in writing there is no just reason for delay and to direct entry of judgment under Trial Rules 54(B) or 56(C). Richland and the board can then file a supplemental appendix that includes copies of the updated CCS and any new orders entered by the court.

“We caution, though, that in the overwhelming majority of cases, the proper course for an appellate court to take where it finds appellate jurisdiction lacking is simply to dismiss the appeal,” the court wrote.

Finally, the justices, who all concurred, wrote the trial court does not have to wait for certification of the opinion before exercising its jurisdiction on remand. They also noted no petitions for rehearing can be filed given the interlocutory nature of the remand.

HOT JOBS IN EVANSVILLE

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Sales Consultant
GLO Tanning and Wellness – Henderson, KY
$7.75 an hour
Entering client information into our system. Henderson, KY 42420. As a sales consultant, we are looking for someone committed to providing exceptional customer…
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Dec 7
Medical Social Worker, Home Health
Caretenders Home Health 588 reviews – Henderson, KY
Certified to practice in the state of practice. Deliver care in compliance with Standards of Practice for the particular state of practice and in compliance…
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CAREGiver – Henderson, KY Mornings & Evenings
Home Instead Senior Care 2,551 reviews – Henderson, KY
Possess a valid driver’s license and valid auto insurance. Home Instead Senior Care provides a variety of non-medical services that allow seniors to remain in…
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Home Instead Senior Care 2,551 reviews – Warrick County, IN
Possess a valid driver’s license and valid auto insurance. Home Instead Senior Care is seeking compassionate CAREGivers to become a part of our team and join…
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Home Instead Senior Care 2,551 reviews – Warrick County, IN
Possess a valid driver’s license and valid auto insurance. Home Instead Senior Care provides a variety of non-medical services that allow seniors to remain in…
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Creative Craftsmen, Inc. – Evansville, IN
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Has an immediate opening for a CNC Press Brake Operator. Press Brake Operator:. Medical, dental, short-term disability, vision, and life insurances….
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Michele Bennett CPA – Evansville, IN
We are looking for a motivated person to prepare payroll checks and reports, handle tax payments and filing compliance, data entry, and bookkeeping, along with…
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Tri-State Transportation – Evansville, IN
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Required license or certification:. Applicants will need to be willing to upgrade their Indiana Operator’s license with a “For Hire” Endorsement….
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Tri-State Food Bank, Inc. – Evansville, IN
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FASTBREAK CONVENIENCE STORES – Fort Branch, IN
Additionally, they would be self-motivated, dependable and able to work effectively in a fast-paced environment while maintaining 100% total customer focus….
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Indiana State license(s). We are an independent agency that assist clients with all of their insurance needs. Respond to client inquiries, incoming e-mail, mail…
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Ivy Tech Community College 516 reviews – Evansville, IN
To provide support for the Design Technology Program Chair, instructors, and the Design Technology Program, for maintenance of classrooms, equipment, storage…
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Easterseals Rehabilitation Center 1,335 reviews – Mount Vernon, IN
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Easterseals Rehabilitation Center 1,335 reviews – Mount Vernon, IN
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MENTOR NETWORK 600 reviews – New Harmony, IN
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Deaconess Health System 37 reviews – Newburgh, IN
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Supplemental (DSS) Emergency Services Technician, Emergency Department
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Deaconess Health System 37 reviews – Evansville, IN
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GNC – General Nutrition Centers 2,006 reviews – Newburgh, IN
Retail Sales Associates at GNC have the opportunity to grow into field leadership roles or move into the corporate office to embark on careers in merchandising,…
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Help Desk Call Center Technician
Berry Global, Inc. – Evansville, IN
Attend the Help Desk call center phones. CompTia A+ certification required. To provide technical support to Berry Plastics. Work on Help Desk Level 1 tickets….
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Home Manager
Easterseals Rehabilitation Center 1,335 reviews – Evansville, IN
Have a valid driver’s license and insured vehicle. Assist new staff with passing medications by answering questions and talking them through the process to…
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Customer Service/Dispatch
HireLevel. 3 reviews – Evansville, IN
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Youth Coordinator
Crossroads Christian Church 11 reviews – Evansville, IN
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Rural King 409 reviews – Evansville, IN
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Rural King 409 reviews – Evansville, IN
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Cashier
Rural King 409 reviews – Evansville, IN
Answer all incoming calls at the registers with proper phone etiquette. Use general office equipment such as telephone, copy machine, fax machine, calculator,…
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Dec 7

USI Basketball Back in Action Eagles have one at home, two in Las Vegas

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Tip off time at the Physical Activities Center Friday versus Urbana is 7 p.m., while the start times in Las Vegas versus West Texas A&M and Midwestern State are 4 p.m. (CST) each day. Game coverage for all of USI’s game action, including live stats, video stream, and audio broadcasts, is available at GoUSIEagles.com. The games also can be heard on ESPN 97.7 WREF and 95.7FM The Spin.

USI Men’s Basketball Week 6 Notes: 
Eagles receive votes for the national poll. The University of Southern Indiana received votes for the NABC/Division II Top 25 poll each of the last two weeks.

USI  starts GLVC action 2-0. USI began GLVC play 2-0 for the seventh-straight year. The Screaming Eagles rallied from an 11-point deficit in the final three minutes of regulation to defeat Lewis University in overtime, 84-75, before coming back from a 10-point first half hole to defeat the University of Indianapolis, 73-67. USI was led in the 2017-18 GLVC opener by senior guard Marcellous Washington, who had 22 points, while senior forward Julius Rajala was on top of the scoring column versus UIndy with 24 points.

Eagle Highs. Three Eagles reached season and career-highs during the win over UIndy. Senior forward Julius Rajala posted a season-high 24 points, while senior guard Marcellous Washington and junior guard Alex Stein tied a season-highs with five and six rebounds, respectively.

Leaders through nine games. USI has three players averaging double-digits through the first nine games of 2017-18. Junior guard Alex Stein leads the scorers with 17.3 points per game, while senior guard Marcellous Washington and junior guard/forward Nate Hansen round out the double-digit scorers with 15.8 and 14.0 points per contest, respectively. Senior forward DayJar Dickson leads the Eagles on the glass with 7.2 rebounds per outing.

Eagles among the NCAA II leaders (as of Dec. 11). USI senior guard Marcellous Washington ranks second in the GLVC and third in the NCAA Division II in assist/turnover ratio (6.60), while junior guard Alex Stein leads the GLVC and ranks 12th nationally in free throw percentage (.943, 50-53).  The Eagles, as a team, lead the GLVC and rank seventh in the nation in rebound margin.

USI returns to the PAC before going to Vegas. The Eagles are at home December 15 when they host Urbana University (0-9) before flying to Las Vegas, Nevada, to play in the Rollin Las Vegas Classic. USI will play 12th-ranked West Texas A&M University (9-1) December 18 and Midwestern State University (2-8) December 19 in the classic before taking off for the holidays.

Back To Non-Conference Play, Lady Eagles Jump In Both Polls

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University of Southern Indiana Women’s Basketball returns to non-conference play Saturday at 3 p.m. when it hosts NAIA foe Harris-Stowe State University at the Physical Activities Center. The Screaming Eagles continue non-conference action December 19 at 5 p.m. (CST) when they travel to Harrogate, Tennessee, to take on South Atlantic Conference opponent Lincoln Memorial University.

Both games can be heard on WSWI 95.7 FM The Spin—the Lincoln Memorial game will be joined in-progress following the conclusion of the USI Men’s Basketball contest—while live stats, audio and video links can be accessed at GoUSIEagles.com. Saturday’s contest also will be carried on the GLVC Sports Network.

USI (8-0) begins the week ranked No. 7 in the latest Division II Media Poll and No. 17 in the USA Today Sports/NCAA Division II Coaches’ Poll. The Eagles, who also remain at No. 2 in both the Herosports.com rankings and Massey Ratings, jumped two spots in this week’s media poll and five spots in coaches’ poll.

USI Women’s Basketball Notes (12/12/17)
• Last two. USI opened GLVC play with a 67-56 win home win over Lewis University and a 73-66 road win at the University of Indianapolis. The Eagles used an 11-2 run throughout the final five minutes of the contest to hold off the Flyers’ comeback bid; then used a 21-5 third quarter to rally past the Greyhounds.

• Leaders. Senior forward Morgan Dahlstrom (Grayslake, Illinois) racked up 26.0 points and 7.5 rebounds per game to lead the Eagles in the opening week of conference play. Senior guard/forward Kaydie Grooms (Marshall, Illinois) chipped in 18.0 points per appearance, while junior guard Alex Davidson (Salem, Indiana) added 9.0 points, 3.5 assists and 2.5 steals per game.

Driver Helping With Flat Tire Injured in Five-Vehicle Crash

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DECEMBER 12TH, 2017 Shelby Coates SHELBY COATES EVANSVILLE, INDIANA

 A man helping to change a flat tire is injured in a Monday evening crash that involved five vehicles. The crash happened just after 5:30PM Monday on the West Lloyd Expressway west of McDowell Road.

Both the Vanderburgh County Sheriff’s Office and Perry Township Volunteer Fire Department responded to the scene. When they arrived, deputies report that a 1998 Mitsubishi Eclipse had stopped on the shoulder due to a flat tire. The drivers of two other vehicles then stopped to help the driver changing the tire.

According to deputies, a black 2013 Chevrolet Malibu was traveling westbound and hit an unoccupied Subaru. The impact of the crash forced the Subaru into the rear of an unoccupied Avenger. The Avenger hit the unoccupied Mitsubishi with the flat tire and motorist who was helping the tire.

The Malibu then re-entered the roadway and struck another vehicle– a gray 2018 Dodge pickup.

The injured motorist was transported by ambulance to the hospital for treatment of a possible broken ankle. A driver and child passenger in the Malibu were transported by ambulance to the hospital for a precautionary evaluation.

The roadway was blocked for nearly two hours. And the crash remains under investigation.

Shelby Coates

Shelby Coates

Executive Producer and Anchor for 44News This Morning.

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EPD ACTIVITY REPORT

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EPD REPORT

Vanderburgh County Recent Booking Records

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http://www.vanderburghsheriff.com/recent-booking-records.aspx

“READERS FORUM” DECEMBER 12, 2017

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WHATS ON YOUR MIND TODAY?

We hope that todays “Readers Forum” will provoke “…honest and open dialogue concerning issues that we, as responsible citizens of this community, need to address in a rational and responsible way?”
Todays “Readers Poll” question is: Do you feel that the West Franklin Street parking vote should had been would be tabled by City Council?
Please take time and read our articles entitled “STATEHOUSE Files, CHANNEL 44 NEWS, LAW ENFORCEMENT, READERS POLL, BIRTHDAYS, HOT JOBS” and “LOCAL SPORTS”.  You now are able to subscribe to get the CCO daily.
If you would like to advertise in the CCO please contact us City-County Observer@live.com.

 

EDITOR’S FOOTNOTE:  Any comments posted in this column do not represent the views or opinions of the City County Observer or our advertisers

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