Opinions Oct. 26, 2018

Indiana Court of Appeals
M Jewell, LLC v. Roger Bainbridge, in his capacity as Grant County Auditor; Sarah A. Melford, in her capacity as County Treasurer; John Lawson, in his capacity as a Grant County Commissioner; et al.
18A-MI-36
Miscellaneous. Affirms the Grant Superior Court’s grant of summary judgement to SRI, Inc. on M Jewell, LLC’s third-party beneficiary claim. Finds the trial court properly awarded summary judgment to SRI. Finds M Jewell cannot be considered as a third-party beneficiary to the agreements made between Grant County and SRI because language in the agreements did not indicate an intention to benefit tax purchasers.

Elway Company, LLP, Dale K. Elrod, Jeffrey L. Elrod, and Mary Ann Waymire v. Champlain Capital Partners, L.P.  
18A-CC-443
Civil collection. Reverses the Morgan Superior Court’s grant of summary judgment in favor of Champlain Capital Partners, L.P. upon remand from an appeal of prior litigation related to eight construction projects covered by a Bonding Collateral Agreement between the Elrods and Safeco Surety. Finds the designated materials do not establish that each of the projects was completed “within the scope of the meaning of completion as set forth by the Agreement.” Remands to permit the introduction of evidence.

Nolan Clayton v. Gregory Smith
18A-CT-705
Civil tort. Affirms a Marion Superior jury verdict finding Nolan Clayton liable for $21.7 million in damages and prejudgment interest in a $35 million damages award resulting from Gregory Smith’s permanent injuries from a car crash. Clayton could not demonstrate the trial court abused its discretion in admitting evidence, nor did it err in awarding pre-judgment interest. Clayton also did not establish that he was entitled to a reduction of the jury verdict for insurance compensation Smith received.

BloomBank v. United Fidelity Bank F.S.B., et al.
18A-PL-375
Civil plenary. Affirms and reverses in part the order granting United Fidelity Bank F.S.B. and Village Capital Corporation’s motion to dismiss BloomBank’s third amended complaint. Finds BloomBank failed to state a claim for constructive fraud based on UFB’s alleged fiduciary duty stemming from a contract, but did state a claim for constructive fraud based on UFB’s duty as a buyer possessing knowledge not possessed by the seller and did state a claim for actual fraud against UFB. Also finds BloomBank stated breach claims against UFB but failed to state a claim that UFB’s actions violated the ‘usual and customary practices language’ of the agreement. Finally, finds BloomBank alleged an unjust enrichment claim against Village Capital. Remands.
 
James E. Manley v. State of Indiana (mem. dec.)
18A-CR-725
Criminal. Dismisses James E. Manley’s appeals of the denial of his Trial Rule 60(B) motion for relief from his conviction on four counts of child molesting entered on Nov. 26, 1997. Finds Manley’s claims are collateral attacks on his convictions and are barred by res judicata. Also finds Manley failed to follow proscribed appellate procedure for post-conviction relief.
 
Richard Ford v. State of Indiana (mem. dec.)
18A-CR-880
Criminal. Affirms Richard Ford’s 30-month sentence in the Department of Correction. Finds Ford’s sentence is not inappropriate in light of the nature of the offenses and the character of the offender.

In Re the Termination of the Parent-Child Relationship of S.R. (Minor Child) and V.E. v. The Indiana Department of Child Services (mem. dec.)
18A-JT-901
Juvenile termination of parental rights. Affirms the termination of V.E.’s parental rights to S.R.
Finds the evidence is sufficient to support the termination of V.E.’s parental rights.

Armando Guerrero Mora v. State of Indiana (mem. dec.)
18A-CR-938
Criminal. Affirms Armando Mora’s conviction of Level 6 felony auto theft. Finds the state presented sufficient evidence to support Mora’s auto theft conviction.

Jessie L. Johnston v. State of Indiana (mem. dec.)
02A03-1709-PC-2296
Post-conviction. Affirms the denial of Jessie Johnston’s petition for post-conviction relief. Finds the post-conviction court did not err because Johnston failed to prove his claims.

Rayshaun Melvin Jones v. State of Indiana (mem. dec.)
18A-CR-667
Criminal. Affirms Rayshaun Jones’ conviction of level 5 felony fraud on a financial institution and his four-year sentence, with 545 days executed in the Indiana Department of Correction and the balance suspended without probation. Finds the evidence is sufficient to sustain Jones’ conviction. Also finds the Hamilton Circuit Court did not abuse its discretion in sentencing.

James E. Manley v. State of Indiana (mem. dec.)
18A-CP-1149
Civil plenary. Affirms the denial of James Manley’s Trial Rule 60(B) motion in which he claimed the 2001 order denying his petition for post-conviction relief is void. Finds Manley’s motion meets the definitions of frivolous, unreasonable and groundless claims.