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Opinions Dec. 19, 2011

December 19, 2011
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7th Circuit Court of Appeals had issued no Indiana opinions at IL deadline.

Indiana Court of Appeals

Capitol Construction Services, Inc. v. Amy Gray, as Personal Rep. of the Estateof Clinton Gray and All One, Inc.
49A04-1005-CT-289
Civil tort. Affirms trial court’s grant of partial summary judgment in favor of Gray’s estate, holding that per terms of the contract, Capitol Construction was obligated to provide fall protection for all subcontractors.

Smith Barney v. StoneMor Operating LLC, et al.
41A04-1103-MF-96
Mortgage foreclosure. On petition for rehearing from Smith Barney, affirms original opinion in Smith Barney v. StoneMor Operating LLC, 953 N.E.2d 554 (Ind. Ct. App. 2011) and clarifies original analysis.

Adrian Hulse v. State of Indiana (NFP)
57A03-1105-CR-213
Criminal. Affirms conviction of battery.

City of Muncie v. Stanley Benford (NFP)
18A02-1011-MI-1281
Miscellaneous. Reverses trial court’s order awarding damages to Benford, holding the court lacked authority to enter the order.

Erie Ins. Exchange as Subrogee of Welch & Wilson Properties, LLC, d/b/a Hammons Storage and Allianz Global Risks U.S. Ins. Co. v. 500 Rangeline Rd., LLC and HSM Development, Inc. (NFP)
73A05-1104-PL-165
Civil plenary. Dismisses appeal from Erie, holding that the entry of partial summary judgment that  Erie appeals is neither a final judgment nor an appealable interlocutory order, and therefore the appeals court lacks subject matter jurisdiction to entertain Erie’s appeal.

Boyer Excavating Corp. v. Shook Construction and Ball State University Board of Trustees (NFP)
18A02-1007-PL-834
Civil plenary. Affirms trial court’s order in favor of Shook Construction and Ball State University Board of Trustees, concluding that the court did not err in applying the doctrine of promissory estoppel.

JPMorgan Chase Bank, N.A., s/b/m Bank One, N.A. v. Mike S. Forbing, Successor Trustee of the Jack D. Forbing Revocable Trust (NFP)
02A05-1107-MI-395
Miscellaneous. Affirms Allen Circuit Court’s denial of motion to set aside trial court’s order releasing surplus funds from the sale of real estate.

Magnolia Health Systems v. Review Board of the Indiana Dept. of Workforce Development and Emma J. Johnson (NFP)
93A02-1107-EX-586
Civil. Affirms decision from Indiana Department of Workforce Development Review Board in favor of Johnson.

Roger Ordonez v. State of Indiana (NFP)
49A02-1105-CR-380
Criminal. Affirms sentence for Class B felony failure to stop after operating while intoxicated causing serious bodily injury.
 
In the Matter of the Term. of the Parent-Child Rel. of J.B., D.G., and C.W.; and D.G. v. Indiana Dept. of Child Services (NFP)
79A04-1105-JT-347
Juvenile. Affirms termination of mother’s parental rights.

Indiana Tax Court and Indiana Supreme Court had posted no opinions at IL deadline.
 

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