Court opinions

Tuesday opinions
Indiana Supreme Court
Expert Builders, LLC v. Paul Vangundy
23S‐PL‐171
Civil plenary. Affirms the St. Joseph Superior Court’s default judgment for Paul Vangundy, due to Expert Pool Builders LLC not filing a timely response to Vangundy’s complaint. Finds nothing in the trial court’s decision is unlawful, illogical or unreasonable, and the default judgment did not come at the expense of professionalism, civility or common courtesy.

Court of Appeals of Indiana
Brandon Lee Kendall v. State of Indiana
23A-CR-1473
Criminal. Affirms Brandon Lee Kendall’s convictions for Level 6 felony identity deception. Finds that the crime of false informing is distinguishable from identity deception and thus there is no Article 1, Section 16 violation. Also finds the state presented evidence of a probative nature from which a reasonable trier of fact could find Kendall guilty of identity deception and it cannot state the state’s exhibit 2 was not relevant or that the probative value of the exhibit was substantially outweighed by the danger of unfair prejudice.

Court of Appeals of Indiana
Matthew A. Disbro v. City of Bedford (mem. dec.)
23A-PL-1454
Civil plenary. Affirms the Lawrence Circuit Court’s grant of the city of Bedford’s motion to dismiss a complaint filed by Matthew Disbro. Finds the trial court did not err when it dismissed Disbro’s complaint because he did not substantially comply with the Indiana Torts Claim Act, he failed to meet his burden on appeal to demonstrate that his public nuisance claim does not fall under the ITCA, and he failed to preserve any claim regarding the takings clause.

Court of Appeals of Indiana
Professional Construction Inc., and West Bend Mutual Insurance Company v. Historic Walnut Square LLC
23A-PL-654
Civil plenary. Reverses the Marion Superior Court’s denial of Professional Construction Inc. and West Bend Mutual Insurance Company’s motion to enforce an arbitration agreement and stay litigation in a lawsuit brought by Historic Walnut Square, LLC. Finds the trial court erred in determining that the contractor waived its right to demand arbitration and in refusing to stay the proceedings pending arbitration. Remands with instructions for the trial court to stay the litigation pending arbitration.

The following Indiana Tax Court opinion was published after Indiana Lawyer’s deadline Friday:
Muir Woods Section One Assn., Inc., Muir Woods, Inc., Spruce Knoll Homeowners Assoc., Inc., and Oakmont Homeowners Assoc., Inc. v. Marion County Assessor
22T-TA-1
Tax. Grants the Marion County Assessor’s motion to dismiss. Finds the Indiana Tax Court lacks subject matter jurisdiction to hear the appeal. Also finds the Muir Woods Section One Assn., Inc., Muir Woods, Inc., Spruce Knoll Homeowners Assn., Inc. and Oakmont Homeowners Assoc. initiated an appeal before they consummated the administrative review process and received a final determination from the Indiana Board of Tax Review. Remands the matter to the tax review board for action consistent with the opinion.

Court of Appeals of Indiana
Justin Mercer v. Maribel Vega-Jimenez (mem. dec.)
23A-DC-993
Domestic relations with children. Affirms the Newton Superior Court’s order granting Maribel Vega-Jimenez’s request to modify parenting time. Finds the trial court did not abuse its discretion because it implicitly found modification was in the children’s best interests when it indicated Vega-Jimenez met her burden to modify the parenting time schedule.

Court of Appeals of Indiana
Lake Imaging LLC v. Franciscan Alliance Inc. f/d/b/a Saint Margaret Mercy Health Care Centers
22A-CT-2783
Civil tort. Affirms the Johnson Superior Court’s summary judgment on remand in favor of Franciscan Alliance Inc. f/d/b/a Saint Margaret Mercy Health Care Centers on its claim from Lake Imaging’s contract to provide radiology services. Finds the trial court properly declined to apply the Professional Services Statute’s two-year statute of limitations period and properly entered summary judgment in favor of Franciscan on its indemnification claim.

Court of Appeals of Indiana
Lacey Ann Murphy v. William Cook
23A-SC-1614
Small claims. Reverses the denial of Lacey Ann Murphy’s Motion to Set Aside Body Attachment. Finds the requirements of Indiana Trial Rule 64(A) were not satisfied and the body attachment was expired. Remands with instructions to grant Murphy’s motion.

Court of Appeals of Indiana
Gerard M. Dierckman v. Sandra E. Dierckman
22A-DN-2801
Domestic relations, no children. Affirms the final dissolution order as it relates to the marital property. Finds the Decatur Circuit Court’s findings challenged by husband Gerard M. Dierckman are supported by the evidence and/or are not contrary to law. Also finds the trial court did not abuse its discretion by valuing the farm and its income as of the end of 2020/beginning of 2021, nor did it err in valuing the farm inventory, accounts receivable and marital debt as of the date of the dissolution petition in December 2019. Finally, finds the trial court acted within its discretion when it decreased wife Sandra E. Dierckman’s equalization payment by the amount she paid Gerard for her personal expenses while the dissolution was pending.