Court opinions

Court of Appeals of Indiana
Posterity Scholar House, LP v. FCCI Insurance Company
21A-PL-2731
Civil plenary. Affirms the Allen Superior Court’s grant of FCCI Insurance Company’s motion for partial summary judgment as to Posterity Scholar House’s tortious bad faith claim. Finds the relationship between a surety and its bond obligee does not reflect the “special relationship” on which the Indiana Supreme Court relied in Erie Ins. Co. v. Hickman, 622 N.E.2d 515 (Ind. 1993). Dismisses Posterity’s appeal of the trial court’s denial of its motion for partial summary judgment as to its breach of contract claim. Finds the Court of Appeals lacks jurisdiction over the breach of contract appeal.

Indiana Supreme Court
Charlie D. Leshore, Jr. v. State of Indiana
23S-CR-51
Criminal. Grants transfer and reverses the denial of Charlie Leshore’s post-conviction petition for permission to file a belated notice of appeal. Finds Leshore was not at fault in failing to file a timely notice of appeal. Also finds Leshore was diligent in pursuing his belated notice of appeal. Remands with instructions to let Leshore’s appeal proceed. Justice Christopher Goff dissents with separate opinion, joined by Justice Geoffrey Slaughter.

Court of Appeals of Indiana
Benjamin Michael Veach v. State of Indiana
22A-CR-1431
Criminal. Affirms Benjamin Veach’s conviction of Level 1 felony dealing in a controlled substance resulting in death. Finds the state proved the offense beyond a reasonable doubt. Also finds the Huntington Superior Court did not err in denying Veach’s motion for judgment on the evidence. Finally, finds the trial court did not abuse its discretion in instructing the jury.

Court of Appeals of Indiana
Jennifer Lynn Goetz v. James Lawrence Franklin Goetz (mem. dec.)
22A-DC-1135
Domestic relations with children. Affirms the Hendricks Superior Court’s decree of dissolution of marriage, child custody, parenting time and child support order and order dividing the marital estate of Jennifer and James Goetz.  Finds the trial court did not abuse its discretion by excluding the military pension from the martial pot, allocating marital assets or awarding parenting time.

Court of Appeals of Indiana
Timothy Stark v. State of Indiana
21A-PL-805
Civil plenary. Affirms the Marion Superior Court’s judgment against Timothy Stark in an action brought by the state of Indiana against Wildlife in Need and Wildlife in Deed Inc. Finds the trial court’s conclusion that Stark is personally liable for funds and assets misappropriated from WIN is not clearly erroneous.