Opinions Dec. 12, 2012

December 12, 2012
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Indiana Court of Appeals
Ponziano Construction Services, Inc. v. Quadri Enterprises, LLC
Civil collection. Reverses award of $16,000 to Ponziano on its breach of contract claim against Quadri and the denial of Ponziano’s rquest to foreclose on its mechanic’s lien. Affirms the award of $8,000 in attorney fees to Ponziano and remands with instructions to the trial court to enter judgment in favor of Ponziano for $48,483.43, order sale of the property subject to the $45,549.43 lien, and determine the existence, extent, and outcome of a potential priority dispute between Ponziano and Wells Fargo.

Jason Wilson v. Kelly (Wilson) Myers (NFP)
Domestic relation. Affirms order modifying primary physical custody of the parties’ two children from Wilson to Myers.

Christopher A. Merder v. State of Indiana (NFP)
Criminal. Affirms Merder is not entitled to pretrial credit for time served in Kentucky from May to August 2009, but finds Merder is entitled to pretrial credit for the period from Aug. 6, 2009, to Aug. 14, 2009. Remands for further proceedings.

James Fusco v. State of Indiana (NFP)
Criminal. Reverses sentence following revocation of probation and remands.

Tymon Brown v. State of Indiana (NFP)
Criminal. Affirms conviction of felony murder.

Earl McClendon v. State of Indiana (NFP)
Criminal. Reverses denial of motion requesting the return of a firearm. Remands with instructions.


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