Opinions Aug. 16, 2010

Keywords neglect / Opinions

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
M. Flatow and Flatow Comer, LLP v. Dwane Ingalls

Civil. Reverses denial of Flatow and Flatow Comer’s motion for summary judgment in Ingalls’ suit for legal malpractice.
There is no designated evidence in the malpractice litigation to show the result of Ingalls’ partial motion for summary
judgment would have been any different had a reply been filed. As a matter of law, the Flatow defendants had no duty to provide
the services Ingalls claims they were negligent in failing to provide.

of P.B.; D.B. v. M.B

Juvenile paternity. Reverses and remands denial of mother’s petition to modify parenting time. The preponderance standard
should have been used as the burden of proof, not clear and convincing evidence. Affirms finding father wasn’t in contempt
for keeping P.B. extra days over the Christmas holiday week, the denial of mother’s request father pay her attorney’s
fees and P.B.’s therapist’s fees, and the modification of the Christmas parenting time schedule.

Perry v. Whitley County 4-H Clubs Inc.

Civil tort. Affirms summary judgment for Whitely County 4-H Clubs on Perry’s negligence complaint for personal injuries
suffered during a horse competition sponsored by the club. There is no genuine issue of material fact and the Indiana Equine
Activity Statute bars her claim for injuries resulting from inherent risks of equine activities.

R. Morell, III v. State of Indiana

Criminal. Affirms conviction of battery by means of a deadly weapon as a Class C felony. The trial court didn’t abuse
its discretion or commit reversible error by failing to swear the state’s witnesses and failing to allow questioning
related to the alleged violations of the trial court’s separation order outside the presence of a jury. The cumulative
effect of Morrell’s alleged errors don’t warrant reversal and there is sufficient evidence to support the conviction.

Williams v. State of Indiana (NFP)

Criminal. Affirms conviction of Class B felony criminal confinement while armed with a deadly weapon and Williams’
aggregate sentence for criminal confinement as a Class B felony and possession of a firearm by a serious violent felon as
a Class B felony.

A. Eby v. Jennifer L. Eby (NFP)

Civil. Reverses amended decree dissolving the Ebys’ marriage. Remands with instructions.

Donoho v. State of Indiana (NFP)

Criminal. Affirms convictions of Class D felony theft and possession of marijuana, Class C felony burglary, and Class A misdemeanor
criminal mischief.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted no transfers for the week ending Aug. 13.

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