Opinions April 6, 2011

April 6, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Gariup Construction Co. v. Carras-Szany-Kuhn & Associates, et al.
Civil plenary. Affirms summary judgment in favor of the architect Carras-Szany-Kuhn and the successful bidder and denied unsuccessful bidder Gariup Construction’s claim alleging the architect; Behling & Son, the successful bidder; and others colluded to restrict bidding in violation of the Indiana Antitrust Act. The designated evidence doesn’t present a genuine issue of material fact from which a factfinder could reasonably infer that the architect and successful bidder colluded to restrict bidding. Declines to find that the architect and successful bidder are entitled to appellate attorneys fees.

Larry D. Mitchell v. State of Indiana
Criminal. Affirms denial of petition for post-conviction relief. The post-conviction court did not err in finding that Mitchell failed to sustain his burden of proof on his ineffective assistance claims.

Larry Pryor v. State of Indiana (NFP)
Criminal. Affirms adjudication as a habitual offender after being found guilty of burglary, theft, and possession of paraphernalia.

First Consumer Credit, Inc. v. Sho-Pro of Indiana, Inc. (NFP)
Civil collections. Reverses summary judgment in favor of Sho-Pro of Indiana in First Consumer Credit Inc.’s action alleging breach of contract. Remands with instructions to enter summary judgment in favor of FCC.

Indiana Tax Court had posted no opinions at IL deadline.



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