Opinions

Court of Appeals of Indiana
Franciscan Alliance Inc., d/b/a Franciscan Physician Network v. Louis S. Metzman, M.D.
21A-PL-2171
Civil plenary. Affirms the Montgomery Circuit Court’s ruling that Franciscan Alliance breached its contract with Dr. Louis S. Metzman when it deducted money from his base compensation for taking unpaid time off and that Metzman is not entitled to performance-based compensation or liquidated damages, as well as the trial court’s rejection of Franciscan’s claim-by-claim approach to the distribution of attorney fees. Finds the term “prevailing party” here refers to a single party — the one in whose favor judgment is rendered, even if not to the extent of the original claim. Concludes while it may not always be appropriate to award full fees to the prevailing party, doing so in this case was not an error.

Court of Appeals of Indiana
Donald Kearschner v. American Family Mutual Insurance Company, S.I.
21A-CT -1888
Civil Tort. Reverses summary judgment granted to American Family Mutual Insurance Co. and remands for further proceedings in Owen Circuit Court. Finds American Family’s policy provision reducing Donald Kearschner’s underinsured motorist policy limit to zero based on the payment he received from worker’s compensation provided less coverage than the state’s underinsured motorist statute, Indiana Code § 27-7-5-2, required and is inconsistent with the view that the UIM Statute is a full-recovery, remedial statute. Concludes Kearschner is entitled to the difference between his underinsured policy limit of $100,000 and the $50,000 he received from the tortfeasor’s insurer.

Court of Appeals of Indiana
Lake County Board of Commissioners v. Lake County Council
21A-MI-1805
Miscellaneous. Affirms the grant of summary judgment for the Lake County Council and the denial of summary judgment for the Lake County Board of Commissioners, and the denial of the commissioners’ motion to correct error, in their dispute over which entity had the statutory authority to act as the county’s purchasing agent and to create a data-processing agency. Finds the Lake Superior Court did not abuse its discretion by denying the commissioners’ motion to correct error as its award of summary judgment in favor of the council was proper.

Court of Appeals of Indiana
Leon Casillas v. State of Indiana
21A-CR-2182
Criminal. Affirms Leon Casillas’ convictions of Level 2 felony dealing in a narcotic drug and Level 6 felony possession of methamphetamine, and the finding that he is a habitual offender. Finds Casillas did not waive his objection to the evidence police discovered after they entered his home. Also finds the Vanderburgh Circuit Court did not err in admitting the evidence found inside Casillas’ house because the facts and circumstances presented to the trial court support its finding that Casillas freely and voluntarily consented to the officers’ entry into his home.

Court of Appeals of Indiana
Jeffrey L. Awbrey v. State of Indiana
21A-CR-2867
Criminal. Reverses Jeffrey L. Awbrey’s conviction of Level 6 felony operating a vehicle while intoxicated. Finds that general testimony from a toxicologist about levels of methamphetamine consistent with those in Awbrey’s blood does not support the inference that Awbrey was impaired. Also finds the state failed to present sufficient evidence of the statutorily required impaired condition of thought and action and the loss of normal control of a person’s faculties. 

Court of Appeals of Indiana
Sophia Danley Edwards (Minor Child), by Next Friend Katherine Danley Glaser and Katherine Danley Glaser v. City of Carmel, Indiana
21A-CT-1823
Civil tort. Affirms the $8,700 award of attorney fees to the city of Carmel against Sophia Danley Edwards by Next Friend Katherine Danley Glaser and Katherine Danley Glaser. Finds the plaintiffs’ public policy argument and their contention that attorney fees award was unreasonable are waived for failure to comply with appellate rules and/or for improper presentation of an issue for the first time before the appellate court. Also awards appellate attorney fees to Carmel. Remands for a rehearing for appropriate appellate attorney fees.

Court of Appeals of Indiana
Brian Young, Sandy Young, Tim Corbett, Dave Wells, Steve Richmond, Sheldon Scott, James Taylor, and Scott Hanley v. South Bend Common Council v. South Bend City Administration
21A-MI-1049
Miscellaneous. Affirms and reverses in part the dismissal of Brian young, Sandy Young, Tim Corbett, Dave Wells, Steve Richmond, Sheldon Scott, James Taylor and Scott Hanley’s claims for declaratory and injunctive relief alleging violations of the Federal Wiretap Act and the Indiana Wiretap Act. Finds the trial court erred in dismissing the original intervenors’ declaratory judgment complaint for lack of subject matter jurisdiction, but the original intervenors’ argument regarding their dismissal as interpleader defendants is essentially moot. Finds the trial court erred in limiting the new intervenors’ litigation to the cassette tapes. Finally, finds remand is appropriate for development of a factual record and a final determination of the legality of all the interpled recordings.

Court of Appeals of Indiana
In re the Termination of the Parent-Child Relationship of R.O. and R.D. (Minor Children) and C.D. (Mother) and E.O. (Father) C.D. (Mother) and E.O. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-1608
Juvenile termination. Affirms the termination of C.D. and E.O.’s parental rights to their children, R.O. and R.D. Finds the Hancock Superior Court did not err in determining a reasonable probability exists that the conditions resulting in the children’s removal and continued placement outside the home will not be remedied. Finds no due process violations.

Anthony Malone v. State of Indiana
21A-CR-2380
Criminal. Affirms Anthony Malone’s aggregate 21-year sentence for reckless homicide, a Level 5 felony, and an enhancement for the use of a firearm in the commission of the offense. Finds the St. Joseph Superior Court did not abuse its discretion at sentencing. Also finds Malone’s sentence is not inappropriate.

Court of Appeals of Indiana
Synergy Healthcare Resources, LLC v. Telamon Corporation
22A-PL-121
Civil plenary. Affirms the Lake Superior Court’s dismissal of Synergy Healthcare Resources LLC’s complaint against Telamon Corporation as a sanction for spoliation of evidence. Finds the trial court did not abuse its discretion.

7^th Circuit Court of Appeals
United States of America v. Dewayne Lewis
21-1614
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Theresa L. Springmann.
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Theresa L. Springmann.
Criminal. Affirms the denial of Dewayne Lewis’s motion to suppress evidence of large quantities of cash and drugs found in his hotel room tied to a drug trafficking operation. Finds Lewis lacked a reasonable expectation of privacy in the exterior hallway of his hotel, where a dog sniff occurred revealing the presence of drugs. Finds the good-faith exception applies, regardless of whether the government’s use of real-time CSLI amounted to a search. Concludes that because the Northern District Court correctly denied the motion to suppress, the sufficiency of the remaining evidence does not need to be assessed.

Clarence L. White, Folabi E. Oshinubi, and Denzel Lewis v. Krys Szalasny,
21A-CC-2063
Civil collections. Reverses Tippecanoe Circuit Court’s order granting tenants Clarence White, Folabi Oshinubi and Denzel Lewis attorney fees only for work done on the claim of breach of contract by landlord Krys Szalasny. Finds the tenants should be awarded attorney fees for time taken related to the petition for fees. Remands to the trial court to award tenants those fees and an additional $3,937 in attorney’s fees to compensate their time on the fee claim.