Opinions

Indiana Court of Appeals
Blake B. Hartman v. BigInch Fabricators & Construction Holding Company, Inc.
19A-PL-2263
Civil plenary. Reverses the Parke Circuit Court’s summary judgment in favor of BigInch Fabricators & Construction Holding Company. Finds that as a matter of law, the value of shares under the buyback provision in the Shareholder Agreement, which required the appraised market valuation, cannot be discounted for lack of marketability and control when BigInch is required to purchase the shares. Judge Elizabeth Tavitas concurs in part and dissents in part with separate opinion.

Indiana Court of Appeals
Jason Dean Hubbell v. State of Indiana (mem. dec.)
19A-PC-2058
Post conviction. Affirms the denial of Jason Hubbell’s petition for post conviction relief. Finds Hubbell has not met his burden of showing the evidence leads unerringly and unmistakably to a conclusion opposite that reached by the Bartholomew Circuit Court.

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of J.B., D.O., P.F., & K.B. (Minor Children) and L.F. (Mother); et al. v. Indiana Department of Child Services, et al. (mem. dec.)
19A-JT-1935
Juvenile termination. Affirms the involuntary termination of L.F.’s parental rights to her children, J.B., D.O., P.F., and K.B. Finds L.F.’s due process rights were not violated by any alleged deficiency in the services offered to her by the Department of Child Services. Further, finds the evidence supports the Marion Superior Court’s findings. Concludes the findings support its conclusions that the conditions under which children were removed from L.F.’s care would not be remedied, that termination of her parental rights was in the children’s best interests, and that there existed a suitable plan for the care and treatment of children following the termination of  parental rights.

Indiana Court of Appeals
Wayne Doug Zollinger v. Wagner-Meinert Engineering, LLC
19A-PL-01501
Civil Plenary. Affirms the Allen Superior Court order finding Wayne Zollinger breached the terms of his noncompetition agreements with his former employer Wagner-Meinert Engineering LLC, and its award to Wagner-Meinert of $38,657 in attorney fees. Affirms the trial court’s award of summary judgment in favor of WME on some issues and its bench trial rulings for WME on others. Finds the trial court did not err in ordering an injunction against Zollinger mandating compliance with noncompete agreements or in ordering him to pay more than $38,000 of WME’s attorney fees and expenses. Awards Wagner-Meinert additional appellate attorney fees and remands to the trial court for a calculation.

Indiana Court of Appeals
Joshua Anselm v. Ashley Anselm
19A-DC-2728
Domestic relation with children. Affirms the Jasper Superior Court’s award of primary physical custody of Joshua and Ashley Anselm’s children to Ashley. Reverses the order that Joshua pay for all uninsured medical expenses, and the award of $16,500 to Ashley. Finds the dissolution court entered sufficient findings and did not abuse its discretion when it awarded Ashley primary physical custody, and the court did not err when it relied on an unsigned child support worksheet to calculate Joshua’s child support obligation. But, finds the dissolution court did err when it ordered Joshua to both pay the recommended amount of child support and all uninsured health care expenses for the children. Finally, finds the dissolution court erred in awarding Ashley $16,500 based on its conclusion that the parties had $33,000 in equity in their home. Remands with instructions for the trial court to either order Ashley to pay for the first $951.60 in medical expenses or to credit Joshua with that amount toward his child support obligation, and to split the actual equity of about $10,600 between the parties.

Indiana Court of Appeals
Joseph D. Reed v. State of Indiana (mem. dec.)
19A-CR-2187
Criminal. Affirms Joseph Reed’s 8½-year sentence for conviction in Wayne Superior Court of Level 5 felony battery resulting in bodily injury to a public safety official with a habitual offender enhancement. Finds his sentence is not inappropriate in light of the nature of his offense and his character.

Indiana Court of Appeals
Kurtis L. Shorter v. State of Indiana
18A-CR-02957
Criminal. Affirms Kurtis Shorter’s aggregate 30-year sentence for conviction of Level 4 felony unlawful possession of a handgun by a serious violent felon, Class A misdemeanor possession of a synthetic drug, Class B misdemeanor possession of marijuana and his habitual offender adjudication. Finds the Elkhart Superior Court did not abuse its discretion in admitting the challenged evidence at trial. Finds the evidence is sufficient to sustain Shorter’s convictions and that the trial court did not err in denying Shorter’s motion to dismiss the habitual-offender enhancement.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Thursday.
Davin Hackett v. City of South Bend
19-2574
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Civil. Affirms the Northern District Court’s grant of summary judgment for the City of South Bend against former police officer Davin Hackett. Finds that on appeal, Hackett relies on an entirely new hostile environment theory but that the argument was forfeited. Also finds Hackett fails to confront the grounds for the district court’s decision.

Indiana Court of Appeals
In the Matter of the Supervised Estate of Bogdan T. Mihuti: Layla Cristina Mihuti v. Ciobanu Law, P.C., et al. (mem. dec.)
19A-ES-1945
Estate. Affirms the Hendricks Superior Court did not abuse its discretion in allowing Ciobanu Law P.C. to recover its fees against Layla Mihuti or in declining to order Ovidiu Mihuti and Ciobanu Law responsible for all fees incurred from Ovidiu’s petition to determine heirship. Also finds the trial court did not err in declining to set aside the default judgment on liability for conversion concerning Ovidiu. Lastly, finds no abuse of discretion concerning the challenged aspects of the damages award.

Indiana Court of Appeals
Mike Dow and Midwest Logging and Veneer v. John Hurst and Linda Hurst
19A-PL-1709
Civil plenary. Affirms summary judgment and damages of $80,826 awarded to John and Linda Hurst in their complaint alleging trespass and conversion against Mike Dow, doing business as Midwest Logging and Veneer. The Morgan Superior Court did not err in concluding that Dow was liable for the actions of independent contractors, in its award of damages or in admitting alleged hearsay evidence.

The following 7th Circuit Court Opinion was posted after IL deadline on Thursday.
Markel Insurance Company v. Lillian Rau
19-2433
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Holly Brady.
Civil. Affirms the Northern District Court’s finding that Markel Insurance Company had no obligation to United Emergency Medical Services or its employee under the insurance policy after one of United’s ambulances crashed into a vehicle, killing Chester Stofko. Finds Lillian Rau’s argument that equity requires coverage for the ambulance is not persuasive. Finds that because Markel did not endorse a change to the policy, the ambulance was not covered. Also rejects Rau’s attempts to raise the argument Markel should be estopped from denying coverage for the ambulance as a matter of public safety.

Indiana Court of Appeals
Harold Warren v. State of Indiana
19A-PC-01604
Post conviction. Affirms the Marion Superior Court’s denial of Harold Warren’s petition for post-conviction relief on Warren’s convictions of murder and Class B felony robbery and aggregate sentence of 85 years in prison. Despite defense counsel’s inadequate investigation of an alternative suspect or follow-up on a lead that another potential suspect’s fingerprints were at the scene, the panel cannot say there was a reasonable probability the outcome of Warren’s trial would have been different because of the overwhelming evidence of Warren’s guilt presented at trial.