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Opinions March 9, 2015

March 9, 2015

Indiana Court of Appeals
Stuart Reed and Michael Reed v. Michael Cassady
49A05-1405-PL-220
Civil plenary. Affirms order granting Cassady’s motion to enforce a $30,000 sanction as well as a finding that Distinctive Transportation Services, Inc. in contempt and imposition of a $10,000 fine. Reversal is not warranted on the order enforcing the $30,000 sanction and Reeds are jointly and severally liable. Also found reversal is not warranted of the $10,000 sanction.

Manuel Montalvo, et. al. v. State of Indiana, ex rel. Gregory F. Zoeller, Attorney General of Indiana
45A03-1312-PL-495
Civil plenary. Affirms the trial court’s order of summary judgment in favor of the state in a lawsuit filed to seek refunds totaling more than $136,000 from five members of the East Chicago Library Board who were provided health, dental, vision and life insurance in violation of I.C. 36-12-2-21, which states library board members serve without compensation. The trial court properly entered partial summary judgment in favor of the state and money judgments against the board members for recovery of the public funds as the plain language of the statute is unambiguous and the office of attorney general acted within its lawful authority to seek and secure recovery of public funds.

T.R. Bulger, Inc. and Thomas R. Bulger v. Indiana Insurance Company (mem. dec.)
46A03-1405-PL-188
Civil plenary. Reverses summary judgment in favor of Indiana Insurance Co. Finds the trial court erred in holding that Bulger was not entitled to reimbursement for the expenses incurred in assisting an attorney with the defense against a lawsuit from unsatisfied clients. Remands for trial court to determine whether the $64,620.35 requested by Bulger is reasonable and, if not, what a reasonable amount would be.

Amanda Choban v. State of Indiana (mem. dec.)
49A02-1406-CR-400
Criminal. Affirms Choban’s conviction of theft as a Class D felony.

Carol D. Geis v. State of Indiana (mem. dec.)
03A01-1409-CR-385
Criminal. Affirms conviction of failure to stop after an accident resulting in damage to property other than a vehicle, a Class B misdemeanor.

Jeffrey A. Dice, II v. State of Indiana (mem. dec.)
34A04-1407-CR-318
Criminal. Affirms conviction and 16-year sentence for Class B felony battery and vacates conviction of Class B felony neglect of a dependent. The conviction violated the prohibition against double jeopardy.

Derrick Morris v. State of Indiana (mem. dec.)
49A02-1408-CR-544
Criminal. Affirms conviction of Class C misdemeanor public nudity.

John Chupp v. State of Indiana (mem. dec.)
49A02-1408-CR-579
Criminal. Affirms denial of motion to correct erroneous sentence.


 

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