Opinions March 3, 2015

March 3, 2015

Indiana Court of Appeals
Gordon A. Etzler v. Indiana Department of Revenue
Civil plenary. Reverses summary judgment in favor of the revenue department on Etzler’s complaint for breeder’s award funds. Because the judgment resulting from the department’s Marshall County tax warrant only creates a lien on property “in the county,” I.C. 6-8.1-8-2(e), and because the department did not take measures to establish a lien on property located in any other county, the department’s ability to levy on Dale Dodson’s property was limited to Marshall County. Etzler filed a valid UCC financing statement that perfected his interest in the breeder’s awards.

Advanced Correctional Healthcare, Inc. v. Review Board of the Indiana Department of Workforce Development, et al.
Agency action. Reverses finding that M.W., a former employee of Advanced Correctional Healthcare, was not fired for just cause and is entitled to unemployment insurance. A lack of substantial evidence supports this judgment as the evidence supports he violated ACH’s sexual harassment policy.

Carol Hanquier and Jose Hanquier v. Joseph Hall and Pekin Insurance (mem. dec.)
Civil tort. Reverses dismissal of the Hanquiers’ complaint against Hall and Pekin Insurance. Remands for further proceedings.

Sidney Lamour Tyson v. State of Indiana (mem. dec.)
Criminal. Affirms denial of motion to dismiss Class D felony failure to register as a sex offender charge.
Elijah Moore v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of felony murder and Class C felony attempted robbery.