Indiana Court of Appeals
Coldwell Banker v. Laub Brothers Oil Co., Inc., et al.
Civil plenary. Affirms denial of Laub Brother’s motion for summary judgment as there is no issue of material fact with respect to whether Coldwell engaged in negotiations with S&S Oil. Affirms denial of judgment on the evidence as Coldwell presented evidence that disputed Laub Brother’s contention that it did not negotiate with S&S Oil. Affirms trial court didn’t err by ruling on its own motion to correct error on the basis that it did not timely file its own motion to correct error. Holds that a new trial on Coldwell’s suit that Laub Brothers wrongfully refused to pay Coldwell a commission is warranted.
Edwin Blinn, Jr. v. Rick Kammen and The Law Firm of Gilroy Kammen & Hill (NFP)
Civil plenary. Affirms summary judgment for Kammen in Blinn’s suit for professional negligence.
Michael Carlton v. State of Indiana (NFP)
Criminal. Affirms sentence for Class D felony escape.
Quanardel Wells v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C felony intimidation. Affirms imposition of the $250 Sexual Assault Victims Assistance fee, vacates the $100 supplemental public defender fee and remands with instructions that the court hold a hearing on Wells’ ability to pay.
Tina Whiting v. State of Indiana (NFP)
Criminal. Affirms conviction of and sentence for felony murder.
Shawn D. Downs v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class C felony nonsupport of a dependent child.
Justin R. Leed v. Melissa A. Leed (NFP)
Domestic relation. Affirms order modifying the marriage settlement agreement.
Mark May v. Ashley F. Ward, Inc. (NFP)
Agency appeal. Reverses decision by the Full Worker’s Compensation Board denying May’s claim for benefits. Remands for further proceedings.
Jamison A. Brucker v. State of Indiana (NFP)
Criminal. Affirms sentence for Class D felony fraud.
Llewellyn Richardson v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felony residential entry and Class A misdemeanor invasion of privacy.
Donna J. Layton v. City of Lebanon (NFP)
Civil plenary. Affirms denial of motion to correct error after jury awarded Layton $133 in her lawsuit against the city after sewage invaded her residence and crawl-space.
Peter Frericks v. State of Indiana (NFP)
Criminal. Dismisses appeal of revocation of probation.
James L. Whitfield v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony theft.
Byron G. Lewis v. State of Indiana (NFP)
Criminal. Affirms convictions of and sentence for three counts of Class A felony dealing in cocaine. Remands for correction to the abstract of judgment.
Hector R. Castillo v. State of Indiana (NFP)
Criminal. Affirms convictions of two counts of Class A felony dealing in methamphetamine.
Jarrod W. Fair v. State of Indiana (NFP)
Criminal. Vacates possession of cocaine and marijuana convictions and sentences and affirms convictions of and sentences for dealing in cocaine and dealing in marijuana.
Rodney L. Williams v. Sullivan County Sheriff's Department, et al. (NFP)
Miscellaneous. Dismisses challenge to the ruling on William’s wife’s motion to intervene. Affirms the trial court was not required to order an appraisal of Williams’ property prior to forfeiture.
Gerry S. Hicks v. Rachel M. (Hicks) Villareal (NFP)
Domestic relation. Affirms order granting Villareal’s motion to modify child support.
Trisha Dawn Hudson v. Jeffrey Michael Hudson (NFP)
Domestic relation. Affirms modification of custody in favor of the father but reverses order directing mother’s parenting time with the children be supervised.
Indiana Tax Court had posted no opinions at IL deadline.