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Opinions Oct. 31, 2014

October 31, 2014

Indiana Court of Appeals
Michael Dwain Neal v. Amanda Lee Austin
49A02-1404-DR-225
Domestic relation. Reverses grant of Austin’s petition for post-secondary education expenses on behalf of her and Neal’s adult child. The trial court did not have authority to issue an order for educational support. Holds that I.C. 31-16-6-6(c) and -6(d) necessitates that where the most recent order establishing a child support obligation was issued after June 30, 2012, the child must file a petition for educational needs before he or she becomes 19 years of age.

Ed Blinn v. Mark Dyer
27A04-1403-SC-125
Small claim. Sua sponte dismisses Blinn’s appeal of the denial of his motion to correct error, where he challenge the small claims court entry of judgment and award of $1,800 in damages to Dyer for money Dyer paid under a layaway plan for purchase of a motorcycle from Blinn. Blinn’s appeal is untimely.

Eric Cox and Pea Cocks Corp. d/b/a Cox's Pub v. Mayerstein-Burnell Co., Inc. d/b/a MBAH Insurance and Jeff Clute
79A05-1402-CT-75
Civil tort. Affirms summary judgment in favor of Clute and MBAH. Finds Cox had standing to pursue his negligence claim regarding the adequacy of the pub’s insurance. As a matter of law, Clute, as MBAH’s agent, did not have a special relationship with Cox and the pub such that a duty to advise arose. Moreover, as a matter of law, Clute did not assume a duty to advise.

John R. Vissing, and Vissing, Grannan & Elsont, LLC (f/k/a John R. Vissing LLC) v. Clark County Board of Aviation et. al.
10A04-1403-PL-99
Civil plenary.  Affirms order denying Vissing’s and the law firm’s motion to dismiss an attorney malpractice claim brought by the Board of Aviation Commissioners and Clark County Board of Commissioners. Under the facts and circumstances of this case, the county commissioners are acting on behalf of Clark County and can maintain an action for malpractice against Vissing, the aviation board’s attorney.

Nicholas Breedlove v. State of Indiana
49A02-1404-CR-240
Criminal. Dismisses Breedlove’s appeal of the order revoking his placement in community corrections for his theft conviction. Finds the court can provide no effective relief since Breedlove was released from prison less than a month later.

J.H. v. St. Vincent Hospital and Health Care Center, Inc.
49A05-1404-CT-174
Civil tort. Affirms in part and reverses in part the grant of summary judgment in favor of St. Vincent Hospital and Health Care Center on J.H.’s complaint alleging invasion of privacy, breach of statutory duty, negligence and intentional infliction of emotional distress. St. Vincent is entitled to summary judgment on J.H.’s claim alleging invasion of privacy by public disclosure. But the trial court erred when it granted summary judgment in favor of St. Vincent on J.H.’s claims alleging breach of statutory duty, negligence, and IIED. With respect to the breach of statutory duty claim, St. Vincent did not make a prima facie showing that J.H. had consented to its communication with his grandmother, E.H., or that its alleged breach was excused. With respect to the negligence claim, St. Vincent did not make a prima facie showing to affirmatively negate the proximate cause element of J.H.’s claim. There are genuine issues of material fact precluding summary judgment on J.H.’s IIED claim. Remands for further proceedings.

Michael Kent Smith v. Thomas L. Taulman, II, et al.
32A01-1402-PL-78
Civil plenary. Holds that the trial court abused its discretion when it denied Smith’s motion to compel. Reverses summary judgment for the appellees on his claim that Taulman had breached his fiduciary duties to Smith at the Dec. 21, 2009, meeting and on Smith’s fraud claims against Taulman and the employees. As to Smith’s other claims, holds that the appellees are entitled to judgment as a matter of law on the defamation claim against Taulman and on Smith’s claim that Taulman breached a fiduciary duty when he fired Smith. Holds that the appellees are entitled to judgment as a matter of law on Smith’s claims that the employees breached their fiduciary duties. Finds the appellees failed to designate evidence to negate at least one element of Kent’s shareholder derivative claims. Remands for further proceedings.

Richard Reeves v. State of Indiana (NFP)
49A05-1404-CR-151
Criminal. Affirms 45-year sentence for Class A felony child molesting.

Thomas Boswell v. State of Indiana (NFP)
82A01-1405-CR-193
Criminal. Affirms conviction of Class A felony dealing in methamphetamine.

M.D. v. R.M. (NFP)
29A05-1404-PO-185
Protective order. Affirms order granting R.M.’s request for an order of protection.

Gregory Green v. State of Indiana (NFP)
49A04-1311-PC-610
Post conviction. Affirms denial of petition for post-conviction relief.

Sally Applegate-Rodeman and Leslie M. Rodeman v. JDK, LLC d/b/a Livrite Fitness (NFP)
49A02-1312-PL-1044
Civil plenary.  Affirms summary judgment in favor of Livrite Fitness as to the Rodemans’ claims for compensation for injuries Applegate-Rodeman suffered while exercising at the facility.

 

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