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Geist Lake Forest Property Owners’ Association, Inc. v. Taso’s Toys, LLC; Taso’s Toys, LLC v. Geist Lake Forest Property Owners’ Association, Inc., and RREF II RB-IN VM, LLC
21A-PL-2021
Civil Plenary. Affirms the Hamilton Superior Court’s finding that 2007 declaration of covenants, conditions and restrictions of Geist Lake Forest Subdivision was valid. Finds the Geist Lake Forest Property Owners’ Association and RREF II RB-IN VM LLC, were entitled to summary judgment as a matter of law that the association was validly formed. Holds the first amendment to the declaration did not exempt the lot owned by TT, an Indiana limited liability company, from the declaration’s requirements and that the non-residential building on TT’s property violated the declaration.
Warriner Investments, LLC, Randy Warriner, and Delaine Warriner v. Dynasty Homeowners Association, Inc.
21A-PL-2405
Civil plenary. Affirms the award of summary judgment to Dynasty Homeowners Association Inc. against Randy and Delaine Warriner in a dispute over a pole barn that was erected without prior approval. Finds the trial court didn’t err in awarding attorney fees to the HOA and that the special assessment was valid under the bylaws and covenants of the HOA. Finds the denial of a request for mandatory permanent injunction to tear down the pole barn wasn’t inappropriate.
Hoosier Contractors, LLC v. Sean Gardner
21A-CT-1331
Civil tort. Affirms the trial court’s denial of partial summary judgment to Hoosier Contractors LLC and Sean Gardner, respectively, as well as the court’s order addressing notice of class action. Finds the trial court did not err in finding that the class has standing and in denying Hoosier’s motion for partial summary judgment. Also finds it did not err in requiring the notice of class action to advise potential class members that they may be liable for Hoosier’s attorney fees. Finds genuine issues of material fact exist as to whether the contract between the parties is null and void. Finds a determination as to whether the liquidated damages clause is enforceable is premature.
Trayvon Rogan v. State of Indiana (mem. dec.)
21A-CR-2557
Criminal. Affirms Trayvon D. Rogan’s 80-year sentence for conviction of murder with a firearm enhancement. Finds sufficient evidence to support the conviction and sentence.
Daniel L. Meredith v. State of Indiana (mem. dec.)
21A-CR-2665
Criminal. Affirms Daniel Meredith’s conviction for Class A misdemeanor invasion of privacy. Finds sufficient evidence to support his conviction.
Eugene Jones v. State of Indiana (mem. dec.)
21A-CR-2011
Criminal. Affirms Eugene Jones’ conviction of murder and Level 3 felony robbery for shooting someone during a gun deal gone bad. Finds any error in the admission of Williams’ statement was harmless. Also find that Jones’ incredible-dubiosity argument fails and that Jones hasn’t shown that the trial court’s failure to give an admonishment limiting juror discussion of the case after the first day of trial was an egregious and blatant error.
Jeremy R. Ross v. State of Indiana (mem. dec.)
21A-CR-2383
Criminal. Affirms Jeremy R. Ross’s conviction for Level 1 felony attempted murder following a jury trial. Finds sufficient evidence to support the conviction.
Robert Lloyd Matthew Gouge v. State of Indiana (mem. dec.)
21A-CR-134
Criminal. Affirms Robert Lloyd Matthew Gouge’s conviction of Level 6 felony domestic battery in the presence of a child less than 16 years old. Finds Gouge’s assertion that the State presented insufficient evidence regarding the felony enhancing element of the domestic battery charge fails given the evidence in the record.
Star Weightman v. Joshua Weightman (mem. dec.)
21A-DN-2451
Domestic relations, no children. Dismisses Star Weightman’s appeal of the dissolution of her marriage following the trial court’s entry of an Agreed Entry between her and Joshua Weightman. Finds the wife’s substantive arguments on appeal are effectively a collateral attack on the equalization payment that she consented to pay in the Agreed Entry. As such, finds her arguments are improper.
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