Appeal filed beyond 30-day limit must raise new facts
Marilyn Odendahl for www.theindianalawyer.com
In dismissing an interlocutory appeal as untimely, the Indiana Court of Appeals told the appellants they still have the ability to attack the trial court’s interlocutory orders.
James Kindred, Thomas Kindred and Sam Kindred filed a motion to dissolve a preliminary injunction six months after the Owen Circuit Court entered an order granting the injunction.
The trial court denied the Kindreds’ motion to dissolve as well as their motion to reconsider. Within 30-days of the denial, they filed a notice of appeal from the trial court’s interlocutory order.
On appeal, the defendants claim the motion to dissolve was not based on any new facts or circumstances that had arisen since the trial court’s entry of the preliminary order. Instead it was based on arguments that were available at the time the preliminary injunction was entered.
“If a party fails to do so (to challenge a preliminary injunction order within 30 days), it may not thereafter seek to dissolve the preliminary injunction based upon grounds that were known or knowable at the time of the entry of the preliminary injunction, as this would simply be a belated, collateral attack on the trial court’s initial decision to enter or deny the injunction,†Judge Paul Mathias wrote in James Kindred, Thomas Kindred, and Sam Kindred v. Betty Townsend and Harmon Crone, 60A01-1304-PL-156. “To hold otherwise would allow limitless appeals based on the same facts tried and decided to enter or deny a preliminary injunction.â€
In a footnote, the Court of Appeals pointed out to the Kindreds that their appeal may not be dead. Citing Bojrab v. Bojrab, 810 N.E.2d 1008, 1014 (Ind. 2004), the COA noted the Kindreds may attack the trial court’s interlocutory orders on appeal from the final judgment.
Troopers Arrest Kentucky Man after Alleged Gun Incident
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Posey County – Indiana State Police and Posey County Sheriff’s Deputies investigated an incident involving a handgun last night on Elk Trail near Evansville that led to the arrest of Jeffrey Scott Wade, 33, of Nebo, Ky.
At approximately 9:25 last night, Posey County Dispatch received a 911call about a male relative that had just pointed a gun at Wade and left the area driving a beige pickup truck. Wade was visiting another relative at 307 Elk Trail when the incident occurred. The person allegedly pointed the weapon at Wade’s face and pulled the trigger several times, but the weapon failed to fire. As officers were responding to the scene they observed the vehicle driving north on West Franklin Road. Officers were able to stop the vehicle in the parking lot of a nearby gas station at S.R. 62 and West Franklin Road. While investigating this incident, officers were able to determine that a weapon was never used. Further investigation revealed that Wade and the relative, who allegedly pointed the handgun, were having a dispute over a vehicle. Wade was arrested and taken to the Posey County Jail where he is currently being held until he appears in court later today. Arrested and Charge: Arresting Officers: Sergeant Russ Werkmeister and Trooper Brandon Deig, Indiana State Police Assisting Officers: Deputy Matt Henrich and Deputy Isaac Fuelling, Posey Co. Sheriff’s Office -30- RINGLE Register with Nixle.com to receive news releases and other information from the Indiana State Police All criminal defendants are to be presumed innocent until, and unless proven guilty beyond a reasonable doubt in a court of law.Contact Information: For full details, view this message on the web. |
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Jonah Goldberg: “Want an America that works? Innovate, don’t regulate”
Excerpts:
“Where government’s touch is light, we see rapid innovation, but where government’s hand is heavy, stakeholders are holding on for dear life.”
“You say “medical home,” I say locked-in customers. Tomayto-tomahto. The pediatricians have a point, albeit a weak one. You can’t say the same about teachers unions, whose top priorities are to take care of their members, even when such care comes at the expense of students. In New York City, the passion from teachers unions is all aimed at pay raises, killing charter schools and keeping rules that make it harder to get rid of incompetents, criminals and even, occasionally, sexual predators.”
“I cite these examples because they involve children, the constituency everyone claims should come first. But this dynamic is endemic to society. The sugar lobby bilks taxpayers to subsidize an industry that shouldn’t exist in the United States. The life insurance industry lobbies to keep inheritance taxes because, after all, people buy their products to avoid such taxes. The health insurance industry remains bought-in, literally and figuratively, to Obamacare because the prospect of becoming the equivalent of guaranteed-profitable utilities is worth the headaches of government incompetence.”
“When I say that this dynamic is endemic to society, I do not mean endemic under President Obama, or under America or under capitalism. It is a natural human tendency. The augurs of ancient Rome fought any attempt to break their monopoly on divine prophecy by studying the flights and entrails of birds. The Luddites declared war on the machines, long before anyone had heard of Skynet, because the Luddites were market incumbents being ousted by new, and better, technology.”
“The standard left-wing complaint is to blame only big business and capitalism. But if you don’t think the exact sort of thing happens under socialist and communist systems, you don’t know anything about those systems. Despite a century of anti-corporate rhetoric about the power of corporations, they actually come and go with amazing rapidity (Only 13% of firms on the Fortune 500 list in 1955 were there in 2011).”
“But government is forever. The state has the unique ability to protect existing “stakeholders” from the threats posed by innovation and competition, whether those stakeholders are businesses or unions, fat cats or philanthropies. That’s where the votes are and where the checks comes from. But progress — material, medical, economic — comes from innovation. Economist Deirdre McCloskey notes that until the 19th century, innovation was a negative word because innovators upset the established order and the powers that be.”
“In Silicon Valley, where government’s touch is light, we can see the rapidity of innovation at work. In healthcare, education and other areas where the government’s hand is heavy, we see stakeholders holding on for dear life.”
http://www.latimes.com/opinion/commentary/la-oe-0225-goldberg-stakeholders-government-20140225,0,3834159.column#ixzz2uMbGYUBq
IS IT TRUE February 25, 2014
IS IT TRUE that the consensus from last night’s meeting of the Evansville City Council regarding the recent strike down of the separate but unequal smoking ordinance is that even the council members who were bold in their opinions 4 years ago are now frozen like deer in the headlights?…Councilmen Adams and McGinn who were once vocal proponents of a comprehensive smoking ban are timid in their assessments of whether to allow Evansville to revert to 2006 or move forward with the comprehensive ban they both openly supported for the right reason?…as a reminder that reason is public health and a healthy workplace for all workers?…to see equivocation on the part of the strongest supporters of a comprehensive smoking ban serves to show the people of this town just how addictive cash flow is to the governance process?
IS IT TRUE the casino passed with a very narrow margin and was sold as the economic ticket to prosperity?…while the “boat money” has been used to build or remodel some very nice things like the waterfront promenade, the pagoda, and even the Ford Center, it for the most part has been committed long term to pay the notes for fun and games nonsense?…”boat money” has filled a few gaps to purchase things like safety equipment that were needed but these things are supposed to be provided anyway?…the docile and leaderless City Council last night is reminiscent of the scene from “The Little Mermaid” when Ursula the Sea Witch reduces King Triton to a bookshelf collectible like a Hummel figurine?…the uncertainty and timid confusion seen last night was the look of local governance hitting rock bottom?…whether one supports a comprehensive smoking ban or not we need our elected leaders to take a stand for something instead of equivocating on the sidelines waiting for a leader to emerge?…this bull still has horns but it does not appear that any one is very enthusiastic about grabbing those horns to break the addiction that Evansville hopefully finally realizes is upon it?
IS IT TRUE that once upon a time Mayor Winnecke was one of the strongest proponents of a comprehensive smoking ban?…he even lead the effort as County Commissioner to adopt a comprehensive ban in the County?…Candidate Winnecke even committed to twist arms to get a smoking ban passed in the campaign of 2011?…we wonder where that strength and commitment have gone?…if the Council will not lead it is up to the Mayor to do so?…this decision is more important to the future of Evansville than a hotel, a dog park, or any other fun and games fiasco and it is time for the Mayor of Evansville to show his metal and take a stand one way or the other and state the reasons for it?
IS IT TRUE that one option being floated to avoid an up or down vote to ban smoking and risk the loss of a few precious “boat dollars” is to mandate a certain air handling system that will be very costly?…the technology industry has things called clean rooms that are designed and operated to assure that certain contaminates are kept below a defined and testable level?…to verify this THE AIR IS TESTED because mandating a certain air handling system GUARANTEES ABSOLUTELY NOTHING?…if the City Council and the Mayor want to put for something that will work to assure air quality without banning smoking it is AIR QUALITY THEY MUST DEFINE AND AIR QUALITY THEY MUST TEST?…mandating an air handling system is just silliness and we hope our elected leaders have the technical sense to see through this smoke and mirrors proposal?
Vanderburgh County Recent Booking Records
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EPD Activity Report: February 24, 2014
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Indiana State Police Plan Strong Presence to Deter Drunk Driving During March
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Just as basketball is stirring up a great deal of activity this March, more than 250 Indiana law enforcement agencies are planning to launch action of their own as part of Operation Pull Over. Beginning Friday, February 28 and running through Sunday, March 23, the Indiana State Police will be among those agencies and will initiate a major enforcement effort to crack down on impaired and dangerous driving. The enforcement effort will include saturation patrols and sobriety checkpoints throughout the entire state.
“We will have a strong and visible police presence aimed at deterring dangerous driving and getting impaired drivers off Hoosier highways,†said Doug Carter, ISP Superintendent. “If you plan to drink alcohol – don’t drive. Designate a sober driver.â€
During the same February 28 through March 23 time period in 2013, there were a total of 388 crashes on Hoosier roadways where alcohol and/or illegal drugs were considered a contributing circumstance in the crash. Of those, 114 involved injury with 158 persons injured and four crashes involved fatalities killing four.
Superintendent Carter recommends these easy steps for a safe March and St. Patrick’s Day:
• Plan a safe way home before the festivities begin.
• Before drinking, designate a sober driver and leave your car keys at home.
• If you’re impaired, use a taxi, call a sober friend or family member, or use public transportation.
• If available, use your community’s sober ride program.
• If you see a drunk driver on the road, contact local police.
• If you know someone who is about to drive while impaired, take the keys and help them make safe travel arrangements.
“An Evening with Chicago†Comes to Ford Center
The legendary rock and roll band, Chicago, is coming to the Ford Center on May 21, 2014. From the signature sound of the Chicago horns, their iconic vocalists, and a few dozen of ever-classic songs, their concerts are a true celebration that no Chicago fan will want to miss. The band is now in their 46th consecutive year of touring, without missing a single concert date, and now Evansville will be a part of that rich music history.
The line-up includes original band members such as, Robert Lamm on keyboards, vocals, Lee Loughnane on trumpet, James Pankow on trombone and Walt Parazaider on woodwinds, as well as Jason Scheff on bass, vocals, Tris Imboden on drums, Keith Howland on guitar, Lou Pardini on keyboards, vocals and Wally Reyes on percussion.
Chicago’s lifetime achievements include a Grammy Award, multiple American Music Awards, a star on the Hollywood Walk of Fame, a Chicago street dedicated in their honor, and keys to and proclamations from an impressive list of US cities. Record sales top the 100,000,000 mark, and include 21 Top 10 singles, 5 consecutive Number One albums, 11 Number One singles and 5 Gold singles. An incredible 25 of their 34 albums have been certified platinum, and the band has a total of 47 gold and platinum awards.
Wednesday, May 21 at 8:00 p.m.
Tickets on sale Friday, February 28 at 10:00 a.m.
Available at the Ford Center Ticket Office, ticketmaster.com or by phone at (800) 745-3000
In addition to their professional achievements, Chicago has also raised over a quarter of a million dollars to fight breast cancer for the American Cancer Society by having a winning bidder come on stage and sing “If You Leave Me Now†at every concert.
Chicago is dedicating their 2014 promotion to Paqui Kelly, a breast cancer survivor, close friend of the band, and wife of Notre Dame football coach Brian Kelly. For individuals interested in this opportunity, they may visit https://www.cancer.org/involved/donate/otherwaystogive/sing-with-chicago for more information. The auction ends on March 4, 2014 at 2:00 p.m. (ET).
Chicago generously support other charitable causes, donating a portion of ticket sales to the Ara Parseghian Medical Research Foundation, which seeks a cure for a fatal children’s disease, Niemann-Pick Type C, and Hannah & Friends, an organization that serves children and adults with special needs.
Even today, Chicago continues to be true ambassadors for their beloved hometown, carrying the city’s name with pride and dignity around the world.
Ford Center is managed by VenuWorks of Evansville, LLC. For more information on Ford Center visit: www.thefordcenter.com www.facebook.com/fordcenterevansville www.twitter.com/thefordcenter.
Nationally-syndicated cartoonist to lecture
Cartoonist John McPherson will present “A Behind the Scenes Look at the Funny Pages†at 6:30 p.m. Wednesday, February 26, in Rice Library’s lower level auditorium, (RL 0017) at the University of Southern Indiana.
“Close to Home,†McPherson’s internationally-syndicated cartoon strip, appears in more than 700 newspapers, includingThe Washington Post, The Los Angeles Times, The Tokyo Times and The Hanoi Daily News. He has published more than 20 collections of his cartoons and has an award-winning line of greeting cards, a yearly block calendar, and numerous other licensed products.
Born and raised in Painted Post, New York, McPherson graduated from Bucknell University in 1983 with a bachelor’s degree in mechanical engineering and worked as a design engineer for seven years. During this period, he took up cartooning and moonlighted his way to a thriving free-lance cartooning career as a regular contributor to The Saturday Evening Post, Campus Life, Yankee, Marriage Partnership, and more than 30 other national magazines.
In 1990, McPherson left his engineering job and began freelancing full-time. Zondervan Publishing, which published his first two books, sent the books to Universal Press Syndicate, which offered him a contract for international newspaper syndication.
“Close to Home†started running in newspapers on November 30, 1992. Through the strip, McPherson shows the oddities, idiosyncrasies, and inconsistencies that make us human. Readers relish his oddball characters embroiled in awkward situations at work and in home and family life.
“A Behind the Scenes Look at the Funny Pages†is hosted by the USI College of Liberal Arts. For more information, contact Chuck Armstrong, instructor in graphic design, at carmstro@usi.edu.