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Opinions April 5, 2012

April 5, 2012
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The 7th Circuit Court of Appeals, Indiana Supreme Court and Indiana Tax Court had no opinions at IL deadline.

Indiana Court of Appeals

GMAC Mortgage, LLC v. Ronald Glenn Dyer
28A04-1107-MF-404
Mortgage Foreclosure. Reverses trial court’s order that GMAC Mortgage rewrite an agreement about an FHA-insured loan that Ronald Dyer defaulted on. Appellate court held that under federal law and HUD regulations, deeds in lieu of foreclosure release the borrower from any mortgage obligation and in this case the standard language GMAC used was sufficient.

Sharon Wright and Leslie Wright v. Anthony E. Miller, D.P.M. and Achilles Podiatry Group

54A01-1107-CT-302
Civil tort. Reverses medical malpractice ruling by trial court in striking expert witness testimony and dismissing a woman’s claim. Appellate court remands, finding that the trial court abused its discretion because the woman’s failure to comply with discovery orders and Indiana Trial Rule 41(E) did not rise to a sufficient level to deny her the chance to have her day in court.

Douglas W. Fancil v. State of Indiana
20A01-1107-CR-339
Criminal. Affirms and reverses in part, finding insufficient evidence to support the conclusion that Douglas Fancil manufactured three or more grams of meth. Affirms on other issues and remands with instructions to enter a conviction for a Class B felony dealing in meth and to issue a sentence accordingly.

William J. Harness and Bridget V. Harness v. Tabassum Parkar, Arshad Husain, John Mattingly Homes, Inc., and Lakeridge Crossing Homeowners Association, Inc.
87A04-1107-PL-380
Civil plenary. Affirms trial court’s denial of request for injunctive relief and final judgment entry in favor of Tabassum Parkar, Arshad Husain, John Mattingly Homes and Lakeridge Crossing Homeowners Association.

Amy and Steven Cerajewski v. Erin and Robert Kieffner
82A01-1109-SC-401
Small claims. Dismisses an interlocutory appeal of a Vanderburgh County small claims court’s denial of a couple’s motion to correct venue, in a case alleging breach of contract and fraud resulting from a real estate transaction in Posey County.

James Gagan, Fred Wittlinger, Jack Allen and Eugene Deutsch v. C. Joseph Yast
45A05-1107-CT-377
Civil tort. Affirms trial court’s grant of motion for summary judgment in favor of Yast, finding no evidence exists to support the plaintiffs’ claims that Yast abused his qualified common interest privilege, and holds that statements Yast made were not defamatory, but rather communicated that he was withdrawing as counsel due to conflict of interest.

Joshua Alford v. State of Indiana
49A02-1109-CR-816
Criminal. Affirms revocation of probation, holding that Alford’s false review of his father’s cleaning company on Angie’s List violated a no-contact order, as Alford used an intermediary in an effort to harass his father.

Joshua J. Sharp v. State of Indiana (NFP)
20A03-1109-CR-422
Criminal. Affirms trial court’s denial of a motion to suppress evidence in a jury trial of felony possession of a controlled substance found during a police search. Appellate court determined evidence shows defendant did not restrict his consent to search his vehicle, and so no Fourth Amendment or Indiana Constitution violation occurred.

Isaac Jones v. State of Indiana (NFP)
49A02-1106-PC-548
Post-conviction. Affirms trial court’s denial of a post-conviction relief petition, finding that Isaac Jones’ claim of ineffective assistance of counsel is barred by res judicata.

Debra A. Edwards v. State of Indiana (NFP)
30A04-1110-CR-528
Criminal. Affirms trial court judgment excluding the testimony of an allegedly biased material witness, finding it does not constitute reversible error in the felony theft conviction case.
 

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