Opinions June 14, 2024

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Indiana Court of Appeals
Gerald A. Sanders v. AHEPA 78 VI Apartments, Inc.
23A-EV-1502
Eviction. Affirms the Lake Superior Court’s order of eviction against Gerald Sanders. Finds the trial court did not err by entering a judgment of eviction. Also finds Sanders failed to show that he is disabled and thereby protected under the FHAA and/or Rehabilitation Act, and the persistent urine odor emanating from his apartment and infiltrating the common areas of the building constituted a material noncompliance with the terms of the lease agreement.

State of Indiana v. Jeffrey Tyree
23A-CR-2153
Criminal. Reverses the Marion Superior Court’s granting of Jeffrey Tyree’s motion to exclude K.H.’s testimony. Finds that the trial court abused its discretion in granting Tyree’s motion. Remands for further proceedings.

Family and Social Services Administration v. Robert E. Saint
23A-MI-2742
Miscellaneous. Affirms the Marion Superior Court’s order that the Family and Social Services Administration must produce the “White Paper” that HealthNet, Inc., a private health care provider, had sent to FSSA trying to settle a dispute over how much HealthNet should be reimbursed by Medicaid. Finds the deliberative material exception does not apply because the White Paper was communicated by a private healthcare provider to a state agency.

Hetty Incorporated v. Alex D. Weems
24A-SC-148
Small claims. Affirms the Lake Superior Court’s judgment in favor of Alex Weems. Finds Hetty did not prove the speed limit that was applicable at the time that Weems was traveling on the particular road, nor did Hetty prove the speed at which Weems was driving, let alone that he was exceeding the applicable speed limit. Also finds the trial court determined that Hetty did not prove that Weems was at fault in whole or in part for the damage to the fence and building.

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