Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowIndiana Supreme Court
Bradley A. Estabrook v. Mazak Corporation
19S-CQ-590
Certified question. Holds that Indiana Code § 34-20-3-1(b) is a statute of repose that cannot be extended by a manufacturer’s post-delivery repair, refurbishment or reconstruction of the disputed product. Finds the Indiana Legislature wrote “or” but meant “and” in the conjunction separating the accrual and repose provisions.
Indiana Court of Appeals
New Nello Operating Co., LLC. v. CompressAir
19A-CC-603
Civil collection. Affirms the St. Joseph Circuit Court’s entry of judgment against New Nello in the amount of $44,689.66. Finds the trial court did not clearly err in concluding there was a de facto merger between Old Nello and New Nello. Also finds the de facto merger exception to the general rule that a corporation that purchases the assets of another corporation does not assume the liabilities of the former corporation therefore applies.
Jerry W. Young v. State of Indiana
19A-PC-1217
Post-conviction. Vacates Jerry Young’s habitual offender adjudications and remands for a new trial on those enhancements. Finds Young did not personally waive his right to a jury trial on the repeat sexual offender and habitual criminal offender enhancements. Also finds the post-conviction court properly denied Young’s petition as to his claim of ineffective assistance of appellate counsel.
Craig D. Severance and Catherine Severance v. The Pleasant View Homeowners’ Association, Inc. (mem. dec.)
19A-PL-1347
Civil plenary. Affirms the Hamilton Superior Court’s order permanently enjoining Craig and Catherine Severance from parking commercial vehicles on their residential lot or in the streets of their subdivision. Finds the trial court did not err when it retroactively applied Indiana Code § 32-25.5-3-11 to the Severances’ dispute with the Pleasant View Homeowners Association Inc. and entered a permanent injunction.
Catherine R. Fleetwood v. Timothy D. Haney (mem. dec.)
19A-DR-1898
Domestic relation. Reverses the Monroe Circuit Court’s suspension of Catherine Fleetwood’s supervised parenting time. Finds the trial court abused its discretion when it suspended Fleetwood’s parenting time with P.H. and remands to the trial court with instructions to issue an order reinstating the parenting time.
Timothy Logan Miesen v. State of Indiana (mem. dec.)
19A-CR-1932
Criminal. Affirms Timothy Miesen’s conviction for Class A misdemeanor operating a vehicle while intoxicated in a manner endangering a person. Finds that Miesen, by stipulating that a laboratory report was accurate, invited the trial court to disregard any foundational issues arising from the blood draw procedure. Also finds sufficient evidence to support the conviction.
Indiana Tax Court
Buckeye Hospitality Dupont, LLC, nka Sandpiper Fort Wayne LLC v. Stacey O’Day, in her official capacity as Allen County Assessor
19T-TA-11
Tax. Affirms the final determination of the Indiana Board of Tax Review that found the classification of Buckeye Hospitality Dupont’s real property in Fort Wayne as nonresidential and the concomitant 3% tax cap credit for 2013 through 2016. Finds Buckeye’s property is a hotel based on the designated evidence. Also finds the Allen County assessor did not demonstrate that the doctrine of administrative res judicata barred Buckeye’s appeal to the Indiana board. Finally, finds Buckeye has not demonstrated that the Indiana board’s final determination is contrary to law.
Please enable JavaScript to view this content.