Opinions July 27, 2011

July 27, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
James W. Miller v. State of Indiana
Criminal. Affirms convictions of two counts of Class A misdemeanor neglect of a vertebrate animal. The evidence is sufficient to show that Miller recklessly endangered the horses’ health by failing to provide them adequate food so as to neglect them. The trial court’s failure to appoint the state veterinarian doesn’t require the reversal of Miller’s convictions.

Alan D. Wilson v. Sisters of St. Francis Health Services
Civil collections. Affirms summary judgment to Sisters of St. Francis Health Services regarding an alleged attorney lien. Wilson does not have a valid equitable attorney fee lien on the payment made by his client’s health insurer to St. Francis. Wilson presented no evidence that a measurable benefit has been conferred on St. Francis under such circumstances that St. Francis’ retention of the insurance payment without payment of attorney fees to Wilson would be unjust.

Tomika Johnson, et al. v. David Sullivan, M.D., et al.
Miscellaneous. Reverses summary judgment for Dr. Sullivan. There is a genuine issue of material fact regarding whether Johnson timely filed her proposed medical malpractice complaint. Holds that evidence of mailing on a particular date, even if it contradicts a postmark, is competent to prove filing on that date for purposes of the Medical Malpractice Act. Affirms summary judgment for Sullivan on Johnson’s claims that Sullivan provided health care to the victim after Dec. 22, 2006, that the continuing wrong doctrine applies, or that the doctrine of fraudulent concealment applies. Remands for further proceedings.

Christopher Brightman v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felonies receiving stolen property and theft.

Rudolfo G. Rodriguez, Jr. v. Lakeview Title, LLC (NFP)
Civil plenary. Affirms summary judgment for Lakeview Title and denial of Rodriguez’s motion for summary judgment in his suit for negligence and unjust enrichment.

Derek A. Bishop v. State of Indiana (NFP)
Criminal. Affirms convictions of two counts of Class D felony battery.

J.H. v. B.H. (NFP)
Domestic relation. Affirms order modifying custody in response to father J.H.’s relocation to Ohio.

Matthew William Huttle v. State of Indiana (NFP)
Criminal. Affirms sentence for Class D felony battery.

Indiana Tax Court had posted no opinions at IL deadline.


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