Opinions

Indiana Court of Appeals
Taylor Jones v. G.H., by next friend, K.H.
21A-PO-555
Protective order. Affirms a grant of an order for protection to G.H. by his next friend and father, K.H., against Taylor Jones. Finds sufficient evidence to support the protection order.

7^th Circuit Court of Appeals  

Kirk Jones v. Kevin Ramos 
20-2017
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon R. Leichty. Civil. Affirms the Northern District Court’s dismissal of Kirk Jones’ personal injury case without prejudice for failure to timely serve the summons and complaint on the defendants, including Kevin Ramos. Finds Jones had filed the suit only two days short of the limitations period, and therefore the ruling effectively ended the litigation. Finds the district court did not abuse its discretion when it reasonably applied prevailing 7th Circuit law.

Indiana Supreme Court
Jesse R. Bunnell v. State of Indiana
21S-CR-139
Criminal. Affirms the denial of Jesse Bunnell’s motion to suppress in his marijuana case. On an issue of first impression, finds that an officer who affirms that they detect the odor of raw marijuana based on their training and experience may establish probable cause without providing further details on their qualifications to recognize this odor. Justice Christopher Goff concurs in result without separate opinion. Justice Mark Massa concurs with separate opinion.

The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Sydney Renner v. Trevor J. Shepard-Bazant
21S-CT-138
Civil tort. Affirms the Lake Superior Court’s decision to reduces its damages award for Sydney Renner based on Renner’s failure to mitigate her damages and failure to show that an accident involving Trevor Shepard-Bazant cause all of her damages. Finds that the trial court permissibly weighed the evidence before it to determine that Renner’s post-accident conduct did cause her harm. Also finds the trial court inadequately addressed the eggshell-skill rule and treated Renner’s prior injuries as separate incidents. Finally, finds the trial court abused its discretion in calculating damages. Remands to the trial court to take the eggshell-skull rule into account and recalculate damages.

Indiana Supreme Court
Teresa Blackford v. Welborn Clinic
21S-CT-85
Civil tort. Affirms the grant of summary judgment to the Welborn Clinic and the denial of Teresa Blackford’s motion for partial summary judgment. Finds the Indiana Business Trust Act’s limitation period is a statute of repose, so fraudulent concealment may not extend the time in which to file a claim. Also finds that even if the limitation period were subject to tolling, a tortfeasor’s constructive fraud precludes equitable relief. Finally, finds Blackford’s claim was untimely.

7^th Circuit Court of Appeals
Chad E. Mathis v. Metropolitan Life Insurance Company, a.k.a. METLIFE, et al.,
20-2719
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James R. Sweeney II.
Civil. Affirms the Indiana Southern District Court’s dismissal of Dr. Chad Mathis’ negligent-procurement claim with prejudice and the grant of summary judgment to Metropolitan Life Insurance Company, MetLife, on most his breach-of-contract claim. Finds the district judge committed no error in disposing of Mathis’s claims.

The following Indiana Supreme Court decision was posted after IL deadline on Thursday.

Muir Woods Section One Association, Inc., Muir Woods, Inc., Spruce Knoll Homeowners Association, Inc., and Oakmont Homeowners Association, Inc. v. Marion County Assessor, Joseph P. O’Connor
21S-TA-158
On petition for review from the Indiana Tax Court. Reverses in part, summarily affirms in part, and remands to the Board of Tax Review for further proceedings. Finds Form 133 filed by Muir Woods Section One Association, Inc., Muir Woods, Inc., Spruce Knoll Homeowners Association, Inc., and Oakmont Homeowners Association, Inc was a proper avenue to challenge the application of a discount to common land within the HOAs’ property. Reverses Section 2 of the Indiana Tax Court’s opinion and summarily affirms the remainder of its decision. Remands.

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:

Jose Andrade v. City of Hammond, Indiana, et al.
20-1541
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge Theresa L. Springmann.

Civil. Reverses the dismissal of Jose Andrade’s federal complaint against the City of Hammond, the Hammond Board of Public Works and Safety and several Hammond employees. Finds Rooker-Feldman does not bar federal-court jurisdiction because Andrade’s claims concern the defendants’ actions separate from any state-court judgment. Remands for further proceedings. Chief Judge Diane Sykes concurs with separate opinion.

Indiana Court of Appeals
James M. Prater, III v. Harris & Sons Landscaping, LLC
21A-SC-7
Small claims. Affirms the Marion County Small Claims Court’s award of damages and attorney fees following its judgment for James M. Prater III on his claim against Harris & Sons Landscaping LLC. Finds Prater has not shown that the $300 attorney fee award is either contrary to the logic and effect of the facts and circumstances before the small claims court or that it misinterpreted the law.

Indiana Court of Appeals
Trina M. Spainhower v. Smart & Kessler, LLC (f/k/a Smart Kessler & Lowe, LLC), Smart Kessler Lowe (a/k/a Smart & Kessler), John M. Smart, III, Douglas W. Kessler, and Brian K. Lowe
20A-SC-1629
Small claims. Affirms the Johnson Circuit Court’s denial of a fraud claim filed by Trina Spainhower against Smart & Kessler LLC based on the firm’s representation to her that a consultation would be with a licensed attorney belonging to the firm. Finds Spainhower’s claim was not a claim for legal malpractice because the misrepresentation occurred before she met with Matthew Boehning and did not occur within an attorney-client relationship. Also finds that Spainhower did not meet her burden of proof to show that the misrepresentation was made with an intent to deceive or a reckless ignorance of the truth, as required to prove fraud.

Indiana Court of Appeals
Alan Lee Bennett v. State of Indiana
20A-CR-2061
Criminal. Affirms Alan Lee Bennett’s conviction of murder. Finds the state did not violate Bennett’s due process rights. Also finds the Spencer Circuit Court did not err in limiting the admission of evidence of voluntary intoxication, because admitting such evidence to advance a self-defense claim would run afoul of Indiana Code § 35-41-2-4.

Nathan L. Reitenour and Jamie M. Reitenour v. M/I Homes of Indiana, L.P., the Utilities Service Board of the City of Lawrence, Indiana, and the City of Lawrence
21A-CT-103
Civil tort. Reverses the Marion Superior Court’s order staying proceedings and compelling arbitration in Nathan and Jamie Reitenour’s suit against M/I Homes of Indiana L.P. Finds the order was premature because the Reitenours have not yet definitively chosen the remedy of damages. Also finds the Reitenours must choose damages, as opposed to recission of the purchase agreement, before the trial court may compel arbitration. Remands for further proceedings.

Indiana Court of Appeals
Michael Bart Pritz v. State of Indiana (mem. dec.)
20A-CR-2367
Criminal. Affirms Michael Bart Pritz’s conviction of Class A misdemeanor domestic battery. Finds there was sufficient evidence to support the conviction.

Indiana Court of Appeals
Rebecca J. Denman, M.D. v. St. Vincent Medical Group, Inc., St. Vincent Carmel Hospital, Inc.
20A-PL-1236
Civil plenary. Affirms the denial of a directed verdict to St. Vincent Medical Group and St. Vincent Carmel Hospital in a defamation case brought by Dr. Rebecca Denman, and the denial of Denman’s request to amend the judgment. Reverses the remitter of damages. Finds the Indiana Supreme Court’s emergency orders did not toll the accrual of post-judgment interest. Remands to recalculate the prejudgment interest award based on a $4.75 million verdict, which award shall accrue post-judgment interest beginning June 19, 2020. Also remands to recalculate post-judgment interest pursuant to statute.

Indiana Court of Appeals 

Sandra Haggarty v. Thomas M. Haggarty
20A-DC-1877
Domestic relations with children. Affirms the resolution of contested issues in divorce proceedings between Sandra and Thomas Haggarty. Finds the evidence and findings support the Allen Circuit Court’s implementation of the agreement’s requirement for Thomas to maintain a joint checking account for ordinary living expenses. Also finds Sandra was not entitled to prejudgment interest because the court had to use its discretion to determine the contract damages. Finally, finds the trial court did not err when it found Sandra’s releases were unambiguous or when it ordered her to pay Thomas’ attorney fees for litigating her meritless assertion that the releases meant other than what they said. Judge Margret Robb concurs in part and dissents in part with separate opinion.

Indiana Court of Appeals
CouponCabin, LLC v. Michael Christofield (mem. dec.)
21A-SC-410
Small claims. Affirms the Lake Superior Court’s judgment for Michael Christofield against CouponCabin, LLC in the amount of $76.86 plus court costs. Finds the trial court did not reach a conclusion opposite of what the evidence in the case pointed to.

Opinions Aug. 13, 2021
Indiana Court of Appeals

In re the Matter of the Adoption of Minor Children, C.M.L. and C.T.L., K.C. and F.M., Paternal Aunt and Uncle v. Indiana Department of Child Services
21A-AD-714
Adoption. Affirms the Madison Circuit Court’s denial of paternal aunt and uncle K.C. and F.M’s motion requesting relief from judgment pursuant to Indiana Trial Rule 60(B). Finds the trial court did not abuse its discretion by denying the motion.

The following 7^th Circuit Court of Appeals opinion was posted after IL Deadline on Wednesday:

Reid Hospital and Health Care Services, Inc. v. Conifer Revenue Cycle Solutions, LLC
20-1735
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge James Patrick Hanlon.

Civil. Reserves grant of summary judgment to Conifer Revenue Cycle Solutions. Finds Conifer’s arguments are in conflict with the tailored language of the contract with Reid Hospital, which includes a glossary of 66 contract-specific terms. Rules the contract does not define all lost revenue as indirect or consequential so Reid Hospital can seek to recover damages. Holds whatever the parties meant by “willful misconduct,” a jury could find that at least some of Conifer’s assumed breaches amounted to willful misconduct.

Indiana Court of Appeals
Adam Craig Thomas v. Amy Thomas (mem. dec.)
20A-DR-900
Domestic relations. Affirms and reverses in part the Allen Superior Court’s decree of dissolution for Adam and Amy Thomas. Finds the trial court did not err in awarding Amy sole legal custody. Also finds the trial court did not err in the division of marital property, except for considering Adam’s Dupont distributions as both income for purposes of determining his child support payments as set forth in its provisional order and later property for purposes of dividing the marital estate, and remands for reconsideration of distributions from Lithotripsy of Northern Indiana LLC. Finally, finds the trial court abused its discretion by allowing Amy to offset the entirety of the au pair costs but otherwise did not err in its rulings on child support. Remands for the trial court to reconsider the costs related only to child care while Amy works.

7^th Circuit Court of Appeals
Beverly Zylstra and Bernard Zylstra v. DRV, LLC
20-1949
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Senior Judge William C. Lee.
Civil. Affirms the Indiana Northern District Court’s grant of summary judgment to DRV, LLC against Bernard and Beverly Zylstra on their suit claiming breach of express and implied warranties under state law, violation of the federal Magnuson-Moss Act and violation of state deceptive practices acts. Finds even in the light most favorable to the Zylstras, DRV never had a reasonable opportunity to repair the defects to their RV as required under the warranty. Therefore, the Zylstras’ claims cannot survive.