The Indiana Court of Appeals affirmed summary judgment today for a landlord who was sued by a postal carrier who was bit by a tenant’s dog that had escaped from the property. The judges declined to find that by entering into a lease, a landlord establishes a relationship to a tenant’s dog.
Indiana Supreme Court
Suzanne Eads and James Atterhold, Commissioner of the Indiana Department of Insurance v. Community Hospital
No. 45S03-1001-CV-33
Civil. Rules general negligence claims filed with the Indiana Department of Insurance can continue an action already filed in state court relating to medical malpractice issues.
7th Circuit Court of Appeals
Hayes Lemmerz International, Inc. v. ACE American Insurance Co.
10-1073
U.S. District Court, Northern District of Indiana, South Bend Division, Chief Judge Philip P. Simon.
Civil. Affirms dismissal of diversity suit against insurer. ACE had no duty to provide Hayes Lemmerz International’s lawyers with legal advice and didn’t breach its duty to defend by failing to advise HLI that its law firm wasn’t defending the suit properly.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
James R. Meier, et al. v. Homeowners of Mallard's Landing, Inc. (NFP)
64A05-1001-CP-25
Civil. Finds the trial court erred in granting the homeowners’ association’s summary judgment without first determining the validity of the association’s formation. After the trial court makes it determination, it can then decide whether certain damages are appropriate regarding Meier’s lots.
James Wright, et al. v. Camaro Costello, et al. (NFP)
49A05-1002-CT-160
Civil. Affirms trial court’s ruling transferring case to Vanderburgh County because the business property he tried to purchase is located there, making the county a preferred venue.
Donald Fisher v. Tower Bank and Trust Co. (NFP)
02A05-1002-MF-97
Civil. Reaffirms and clarifies its decision that the trial court properly granted summary judgment. Fisher notes the appeals court cited evidence not properly designated to the trial court for summary judgment purposes. The appeals court acknowledges it referenced an appraisal report not property designated for summary judgment purposes but the information garnered from the report is contained within materials that were properly designated for such purposes.
Lori A. Deardorff (Tilden) v. Kevin L. Deardorff (NFP)
43A03-0912-CV-560
Civil. Because the appeals court is unable to address any of Lori’s allegations of error, it affirms the trial court’s order to reduce Kevin’s child support obligation. Lori, pro se, did not cite evidence or explain application in the record supporting her claims.
Dennis and Lisa Morrow v. Walter and Lois Kucharski (NFP)
45A03-0911-CV-509
Civil. Affirms $45,025.56 judgment in favor of the Kucharskis involving a private nuisance claim. Denies the Kucharskis’ request for appellate attorney’s fees.
James T. Parado v. Maria J. Parado (Mast) (NFP)
34A02-1002-DR-282
Civil. Affirms denial of James’ petition to modify custody and granting Maria’s petition to modify custody.
Max Jacobus, et al. v. Peggy L. Proffitt (NFP)
36A01-0912-CV-565
Civil. Reverses judgment and remands for trial court to establish an easement of necessity entirely on Proffitt’s property which complies with the applicable ordinance regarding the proper width of easements.
W.G. v. Review Board (NFP)
93A02-1004-EX-389
Civil. Rules the Review Board properly affirmed the administrative law judge’s decision dismissing W.G.’s appeal as untimely.
Pioneer Auto Truck Sales, Inc. v. Dolores Burch (NFP)
93A02-1002-EX-207
Civil. Affirms Worker’s Compensation Board’s award of benefits to Burch because medical report met statutory requirements.
Term. of Parent-Child Rel. of L.R.; A.W. v. IDCS (NFP)
32A01-1002-JT-53
Juvenile. Affirms termination of parental rights.
J.L. v. State of Indiana (NFP)
49A02-0912-JV-1184
Juvenile. Affirms J.L.’s adjudication as a delinquent child for committing what would be Class D felony resisting law enforcement, Class A misdemeanor carrying a handgun without a license, and Class A misdemeanor dangerous possession of a firearm if committed by an adult.
Term. of Parent-Child Rel. of A.O.S.; A.M. Jr. v. I.D.C.S. (NFP)
20A03-0911-JV-539
Juvenile. Affirms termination of parental rights.
F.D. v. State of Indiana (NFP)
71A03-1003-JV-199
Juvenile. Affirms modification of F.D.’s placement and commitment to the Indiana Department of Correction.
John Ray Henry v. State of Indiana (NFP)
45A03-0911-CR-513
Criminal. Affirms convictions of Class A felony child molesting and Class C felony child molesting.
Timothy William Woolum, Jr. v. State of Indiana (NFP)
48A02-0912-CR-1231
Criminal. Affirms probation revocation and order that Woolum serve the portion of sentence that previously had been suspended to probation.
Christopher Ostack v. State of Indiana (NFP)
49A02-1001-CR-28
Criminal. Affirms 30-year sentence and rules the state presented sufficient evidence to rebut his self-defense claim.
William J. VanHorn v. State of Indiana (NFP)
18A02-1002-PC-122
Criminal. Affirms denial of petition for post-conviction relief, which challenged his conviction following his guilty plea to burglary.
Brandon L. Lewis v. State of Indiana (NFP)
49A04-0910-CR-576
Criminal. Remands with instructions to vacate Smith’s conviction of and sentence for criminal confinement as a Class B felony, to impose conviction of and an appropriate sentence for criminal confinement as a Class D felony, and to conduct a hearing to determine an appropriate amount of restitution. Affirms in all other respects.
Emily Meyer v. State of Indiana (NFP)
35A02-1001-CR-69
Criminal. Affirms conviction of two counts of Class A felony dealing in a schedule I, II, or III controlled substance.
Grante Fricklin v. State of Indiana (NFP)
49A04-1001-CR-22
Criminal. Affirms conviction of Class A misdemeanor possession of paraphernalia.
Charles E. Hubbard v. State of Indiana (NFP)
89A01-1002-CR-151
Criminal. Rules the trial court did not abuse its discretion in sentencing Hubbard and that his 135-year sentence is not inappropriate.
James R. Cook v. State of Indiana (NFP)
34A04-1004-CR-307
Criminal. Rules the trial court improperly imposed consecutive sentences totaling six years for two Class D felony counts of battery resulting in bodily injury to a person under fourteen years of age that were one episode of criminal conduct; reverses and remands for resentencing consistent with this opinion.
Justin Sparks v. State of Indiana (NFP)
48A02-0911-CR-1105
Criminal. Rules trial court did not abuse its discretion in ordering Sparks to service the one year that remained on his sentence for battery after his probation revocation.
Finnegan J. Coley v. State of Indiana (NFP)
49A05-1001-CR-43
Criminal. Reverses and remands for the trial court to enter the advisory sentence of 1 1/2 years on the Class D felony conviction for possession of cocaine, to be served concurrent with Coley’s 16-year sentence on the Class B felony possession of a firearm by a serious violent felon. The State concedes the error that the same evidence of his being found in possession of a handgun was used to convict him for possession of a firearm by a serious violent felon and to enhance the cocaine conviction to a Class C felony, which is in contravention of Indiana’s prohibition against double jeopardy.
Timothy Treacy v. State of Indiana (NFP)
49A05-0911-CR-647
Criminal. Affirms revocation of probation.
Stevie W. Davis v. State of Indiana (NFP)
20A03-0908-CR-392
Criminal. Affirms denial of petition for permission to file a belated notice of appeal.
Kevin H. Griffith v. State of Indiana (NFP)
91A02-1003-CR-414
Criminal. Rules state presented sufficient evidence to rebut his claim of self-defense.
Ovidio Rosario v. State of Indiana (NFP)
49A02-1001-CR-17
Criminal. Affirms conviction of Class D felony theft.
Indiana Tax Court
Dora Brown, Ben Kindle, and Sonjia Graf v. Dept. of Local Government Finance (NFP)
49T10-0909-TA-52
Tax. Affirms in part and reverses in part the Department of Local Government Finance’s approval of the Gregg Township Board’s loan resolution for the 2009 tax year. Remands for the Department of Local Government Finance to determine what portion of the loan amount accurately reflects the fire department’s provision of ambulance service to Gregg Township in Morgan County.
Indiana Supreme Court granted 1 transfer and denied transfer to 22 cases for the week ending Aug. 27.
7th Circuit Court of Appeals
Hayes
Lemmerz International, Inc. v. ACE American Insurance Co.
10-1073
U.S. District Court, Northern District of Indiana, South Bend Division, Chief Judge Philip P. Simon.
Civil. Affirms dismissal of diversity suit against insurer. ACE had no duty to provide Hayes Lemmerz International’s
lawyers with legal advice and didn’t breach its duty to defend by failing to advise HLI that its law firm wasn’t
defending the suit properly.
The 7th Circuit Court of Appeals has mostly upheld an Indiana federal judge who’d ruled on the litigation costs and
attorney fees involved in a Shell gas station brownfield case.
Indiana’s two federal appeals judges disagree about whether the full 7th Circuit Court of Appeals should reconsider
a Wisconsin case about the judicial code of conduct in that state, paving the way for a further battle before the nation’s
highest court that could influence Indiana’s judicial canons.
The Court of Appeals today affirmed a decision from the Warrick Superior Court that found the Board of Zoning Appeals of the
Area Plan Commission of Warrick County was right in allowing a 20-foot variance for the construction of a residential wind
turbine.
The Indiana Supreme Court ordered a Marion Superior Court to let Medicaid recipients involved in a decades-long lawsuit present
evidence to demonstrate the transportation they may be entitled to by law and if they have been or will be denied services
because of lower pay rates to Medicaid transportation providers.
This year’s Program on Law and State Government at Indiana University School of Law – Indianapolis Oct. 1 will
focus on three main topics for lawyers, businesses, legislators, government employees, and academics: education about entrepreneurship
at the undergrad, graduate school, and law school levels; the idea of “social businesses,” also known as L3Cs
or low profit limited liability companies; and how government entities use data to improve services to citizens.
The Indiana Supreme Court is teaming up with the state’s Public Broadcasting Service to offer specials informing residents
about the court system.
The Indiana Supreme Court has accepted the case in which the Indiana Court of Appeals split in reversing a man’s Class A
felony attempted murder conviction.
Three deserving students received Diversity Job Fair scholarships provided by Baker & Daniels LLP, Barnes & Thornburg LLP and Bingham McHale LLP.
Sometimes, you get so busy that the weather out your window is as foreign as a fat-free Big Mac. Sometimes, you just need to stop and be inspired.
The Indybar’s Pro Bono Standing Committee is pleased to announce that the Julian Center, Neighborhood Christian Legal
Clinic ad Heartland Pro Bono are teaming up to present three CLE’s this fall.
Lilia G. Judson, executive director of the Indiana Supreme Court Division of State Court Administration, has been elected
vice-chair of the Board of Directors of the National Center for State Courts (NCSC).
As another school year begins, the halls of IU Law School-Indianapolis are once again filled with anxious and overwhelmed
first year students. Right away the IBA Student Division offers practical programming, networking, and fun events to help
students acclimate to their new setting.
The Marion Circuit and Superior Courts have announced they will be conducting a performance evaluation of all current Magistrates and Commissioners now serving those courts.
It is hoped that you had the opportunity to read an article written by my friend, Dave Temple, regarding the dangers of using your cell phone or PDA while driving, which was published in the March 17-30, 2010, edition of the Indiana Lawyer.