Opinions January 23, 2025

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Indiana Supreme Court
Automotive Finance Corporation v. Meng Liu
24S-CC-223
Civil collections. Reverses Marion Superior Court Judge Cynthia Ayers’ order to grant Meng Liu relief from judgment under Trial Rule 60(B)(3). Finds the trial court misinterpreted the law in granting Liu relief under Trial Rule 60(B)(3) and abused its discretion. Also finds Liu did not follow the legal avenues available either to oppose Automotive Finance Corporation’s motion for summary judgment or to raise Ning Ao’s alleged fraud in a motion to correct error once final judgment was entered. Remands for the trial court to reinstate summary judgment for Automotive Finance Corporation. Justice Christopher Goff dissents with a separate opinion. Attorney for appellant: Joshua Casselman. Attorney for appellee: Randall Shouse.

Indiana Court of Appeals
Shantel Waggoner, Individually and as Executrix of the Estate of Elmer Gordon Waggoner v. Anonymous Healthcare System, Inc., et al.
24A-CT-469
Civil tort. Reverses Vanderburgh Superior Court Judge Leslie Shively’s order granting summary judgment for all defendants and dismissing Shantel Waggoner’s complaint. Finds the trial court erred in addressing issues that should be reserved for a medical review panel’s determination. Remands with instructions to deny Anonymous Healthcare System’s petition. Attorney for appellant: Arie Lipinski. Attorneys for appellees: Margaret Christensen, Moncerrat Alvarez and 15 additional attorneys.

Fike Investments, LLC, Jim Fike, and Kim Fike v. Gregory L. Wilson, Sr., Executive Director of the Indiana Civil Rights Commission
24A-EX-3091
Administrative. Affirmed the Ultimate Authority of the Indiana Civil Rights Commission’s finding that Jim and Kim Fike violated both the Indiana Fair Housing Act and the Indiana Civil Rights Law, the awarding of damages for moving expenses and emotional distress and the imposing of a civil penalty. Finds the authority’s exemption determination and award of damages for emotional distress are both supported by substantial evidence. Also finds the authority’s assessment of a civil penalty was not arbitrary and capricious, and determines that Jim and Kim Fike are personally liable for the damages and civil penalty imposed by the authority. Remands with instructions that the authority modify its final order to provide that the determination of liability, the award of damages, and the imposition of the penalty are against only Jim Fike and Kim Fike. Attorney for appellants: Robert Palmer. Attorneys for appellees: Attorney General Todd Rokita, Deputy Attorney General Abigail Recker.

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