The Indiana Court of Appeals will hear oral argument in Gary and Katherine Hoesman v. Daniel Sheffler, et al.on Tuesday, April 15th at 10:30 a.m. in the Cecilian Auditorium of the Conservatory of Music Building at Saint Mary-of-the-Woods College in Vigo County. A panel of Judge Patricia A. Riley, Judge James S. Kirsch, and Judge Margret G. Robb will hear the case on appeal from Sullivan Circuit Court.
A trust's beneficiaries discovered that the trust administrator had converted trust funds for her personal use. The beneficiaries obtained removal of the administrator and a money judgment against her. The beneficiaries now seek to reach assets held by the administrator’s husband and mother on theories of fraudulent transfer, prior lien, and constructive trust. The Court is asked to decide whether the trial court was correct in granting summary judgment for the mother and in denying the beneficiaries' motions for leave to amend their complaint and to consolidate this action with another. Arguing for the appellant, the trust, will be Arnold H. Brames of Brames & Oldham in Terre Haute. Appellee Daniel Sheffler will be represented by Jeffry A. Lind of Fleschner Stark Tanoos & Newlin; James McDonald of Everett Everett & McDonald will appear for Mr. Sheffler’s mother-in-law, Constance Pleasant Johnson.
The Court hears oral argument at venues across the state to enable Hoosiers to learn about the judicial branch. Members of the audience may ask questions about the judicial process in Indiana following the submission of the case. The Court of Appeals has heard oral argument at Saint Mary-of-the-Woods College since 1982; Hoesman v. Sheffler will be the Court’s ninth visit to the College since it began regularly traveling statewide at its centennial in 2000-2001. The Court has heard more than 200 oral arguments “on the road” at law schools, colleges, high schools and county courthouses since that time.
The Indiana Court of Appeals is the state’s second-highest court. It reviews appeals from trial court decisions; a decision of the Indiana Court of Appeals is final unless granted further review by the Indiana Supreme Court. The majority of appeals filed in Indiana are decided by the Court of Appeals.
The 15 judges on the Court of Appeals issue more than 2,800 written opinions each year, sitting in three-judge panels. For more information about the Court of Appeals, visit www.in.gov/judiciary/appeals. For the Court’s “Appeals on Wheels” initiative, as well as additional information on Hoesman v. Sheffler, visit http://www.in.gov/judiciary/appeals/arguments.html. |