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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowIndiana Court of Appeals
Samantha L. Lotaki v. State of Indiana (mem. dec.)
19A-CR-376
Criminal. Affirms Samantha Lotaki’s conviction of Class B Misdemeanor disorderly conduct. Finds there is sufficient evidence to support her conviction in St. Joseph Superior Court. Judge Patricia Riley concurs in result with separate opinion.
Boulder-Maxx, LLC, Andrew T. Gutwein, and Jeffrey L. Baumgartner v. Richard Haby (mem. dec.)
18A-PL-3061
Civil plenary. Affirms in part, reverses in part. Finds the Boone Superior Court did not err when it concluded that Richard Haby had not committed constructive fraud or breached his fiduciary duty to Boulder-Maxx, LLC. However, finds that despite the erroneous conclusion that Jeffrey L. Baumgartner breached his fiduciary duty when he attempted to benefit from the sale of property in negotiating a settlement agreement with Boulder-Maxx founder James Chalfant, the trial court’s other findings are supported by the evidence and support the court’s conclusion that Andrew T. Gutwein and Baumgartner breached their fiduciary duties. Holds the trial court erred when it awarded Haby attorney fees and reverses the award.
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