7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Kristine A. and Larry G. Dawson v. Fifth Third Bank
Civil plenary. Affirms order denying the Dawsons’ motion for summary judgment and granting Fifth Third Bank’s cross-motion for summary judgment on its claim for replevin. When Magish, who sold a motorcycle to the Dawsons, defaulted on his loan from Fifth Third, the bank as the secured party had the right to take possession of the motorcycle. The Dawsons’ interest in the motorcycle as its purchasers is not superior to the bank’s perfected security interest.
D.C. v. J.A.C.
Domestic relation. Reverses order modifying custody in favor of the ex-husband and preventing mother from relocating with their minor child. Father is not entitled to appellate attorney fees, and relocation alone cannot be used as a reason to support custody modification.
Clark County Drainage Board and Clark County Board of Commissioners v. Robert Isgrigg
Civil plenary. Grants rehearing and affirms original opinion in all respects. Finds neither of Isgrigg’s assertions on rehearing are meritorious.
Carolyn Boss v. State of Indiana
Criminal. Remands with instructions to vacate Boss’ convictions and sentences for harboring a non-immunized dog as Class B misdemeanors and enter a determination that she committed harboring a non-immunized dog as Class C infractions. Affirms convictions of six counts of Class A misdemeanor failure to restrain a dog and sentence.
Steinrock Roofing & Sheet Metal Inc. v. James S. McCulloch, PNC Bank, N.A.
Civil collection. Affirms the trial court’s determination that Steinrock Roofing breached the contract and affirms award of damages to McCulloch in a dispute over payment for work completed. Substantial evidence was presented establishing the contractor’s work was deficient. The trial court properly concluded that the contractor had waived any claim to reduce the damage under the Home Improvement Warranties statute.
Lewis J. Richardson and Laurel Richardson v. Board of Commissioners of Owen County
Civil plenary. Affirms finding that the Richardsons lacked standing as an aggrieved party to remonstrate against the vacation of a roadway leading to a cemetery. The Richardsons are not abutting landowners to the vacated roadway and have failed to demonstrate that they have sustained an injury that is unique or special to them.
Imperial Insurance Restoration & Remodeling, Inc. v. James Costello
Small claim. Reverses order granting judgment in favor of Costello on Imperial Insurance’s claims for breach of contract. Although Imperial provided a contract to Costello that it concedes did not satisfy requirements of the Indiana Home Improvement Contracts Act, that non-compliance did not automatically render the contract void. Concludes that the contract is enforceable and should not be voided. Remands with instructions to enter judgment in favor of Imperial for $669.86 and to hold a hearing to determine contractual interest due and if attorney fees or other costs are warranted.
Bilsland, LLC, LPM Investments, LLC, Phillip D. Mervis, Louis Mervis, Henry Bilsland, Justin Bilsland, and Biosafe Engineering, LLC v. Bradley D. Crain and Richard J. Redpath (NFP)
Civil plenary. Affirms grant of an Indiana Trial Rule 12(B)(8) motion by Crain and Redpath to dismiss the appellants’ claim.
Delmar J. Kent v. State of Indiana (NFP)
Criminal. Affirms conviction of and sentence for two counts of Class A felony child molesting and one count of Class C felony child molesting.
In Re the Paternity of: B.H. by next friend: B.C. (Father) v. D.H. (Mother) (NFP)
Juvenile. Affirms denial of father’s requests to place B.H. in a different school district and to grant him joint physical and/or legal custody.
Andrew Abbott v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class A misdemeanor trespass.
State of Indiana, Little Calumet River Basin Development Commission v. Gary Murphy and Lake County Treasurer (NFP)
Civil plenary. Affirms jury verdict of $332,172 in damages to Murphy and the Lake County Treasurer for multiple easements placed on Murphy’s property by the development commission.
J.R.T. v. State of Indiana (NFP)
Juvenile. Affirms commitment to the Department of Correction.
Vicky L. Tisdial v. State of Indiana (NFP)
Criminal. Reverses denial of petition requesting expungement of arrest record.
Derrick L. Myers v. State of Indiana (NFP)
Criminal. Affirms revocation of probation.
Aaron Isby v. State of Indiana (NFP)
Criminal. Affirms denial of Isby’s motions to compel his original trial counsel to produce all documents relating to his 1992 trial and for copies of his preliminary hearing transcript and the transcripts of three depositions taken leading up to his 1992 trial.
Gerald McKinney v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor animal cruelty.
Rondell Boyd v. State of Indiana (NFP)
Criminal. Affirms three convictions of Class C felony child molesting.
K.J. v. Review Board of the Indiana Dept. of Workforce Development and T.N.V.A.H. (NFP)
Agency appeal. Affirms denial of unemployment benefits.
DeCarlos J. Freeman v. State of Indiana (NFP)
Criminal. Affirms convictions of resisting law enforcement – one as a Class D felony and one as a Class A misdemeanor – following a guilty plea.