Opinions March 12, 2015

March 12, 2015

Indiana Supreme Court
Indiana Restorative Dentistry, P.C. v. The Laven Insurance Agency, Inc. and ProAssurance Indemnity Co., Inc. F/K/A the Medical Assurance Co., Inc.
Civil plenary. Affirms summary judgment against IRD regarding Laven’s contractual duty to procure full coverage. Reverses summary judgment regarding Laven’s duty to advise. Holds that the designated evidence supports conflicting inferences on whether the parties enjoyed a special relationship that created a duty to advise. As for the implied contract to procure full coverage, holds that the record does not show any discussion between the parties on the matter, much less a meeting of the minds. Remands for further proceedings.

Indiana Court of Appeals
Bryan P. Stone v. State of Indiana
Criminal. Reverses 45-year sentence for four counts of Class A felony dealing in cocaine and for being a habitual offender. The trial court lacked authority to rescind the plea agreement, vacate Stone’s convictions and set the matter for trial. Orders the court to enter judgments of conviction pursuant to the plea agreement and sentence him within the discretion afforded to it by the plea agreement.

The County of Lake, Ind.; Board of Commissioners of the County of Lake (Ind.), in their official capacities; and the Lake County Treasurer, in his official capacity v. U.S. Research Consultants, Inc.

Civil collection. Reverses partial summary judgment and the ultimate final judgment of more than $1.4 million in favor of U.S. Research Consultants on their lawsuit to recover unpaid commissions under the collection contracts. The trial court erred as a matter of law in interpreting the contracts and erred in granting judgments in favor of the consultants. Remands for further proceedings.

Ronald Fritts v. Linda Fritts
Domestic relation. Affirms in part, reverses in part and remands. Ronald Fritts knew or should have known that the surviving spouse benefit could not be revoked as early as June 2010, and he was required to take action pursuant to the Indiana Trial Rules to modify the judgment. Because he did not do so, he may not argue on appeal that the trial court’s decision not to credit Linda Christopher for the surviving spouse benefits she might receive is clearly erroneous. Because the record shows that Fritts was improperly credited a second time for $2,310 of Christopher’s child support arrearage and is not clear regarding the uninsured medical expenses, we remand for the trial court to correct the arrearage and to reevaluate the medical expenses claimed by Fritts. Christopher has not established that the trial court’s order was clearly erroneous regarding the payment of trial counsel’s attorney fees and the valuation of the accounts at dissolution. She also has not established that appellate attorney fees are warranted.

Antwaun D. Moody v. State of Indiana (mem. dec.)
Criminal. Affirms aggregate 18-year executed sentence for Class B felony dealing in cocaine, Class D felony possession of a controlled substance and Class A misdemeanors possession of marijuana and resisting law enforcement.

James M.A. Howard v. State of Indiana (mem. dec.)
Criminal. Affirms probation revocation and order that Howard serve two years of his previously suspended three-year sentence.

Michael L. Turner v. Jennifer D. Pence (mem. dec.)
Domestic relation. Affirms order denying father’s petition to modify child custody, child support and parenting time.

Bruce and Sybil Scheffer v. Centier Bank (mem. dec.)
Civil plenary. The Scheffers failed to demonstrate that the trial court erroneously considered an affidavit. Further, the trial court’s grant of summary judgment to Centier was improper on the Scheffers’ complaint regarding collateral because genuine issues of material fact exist. Affirms the trial court’s denial of the Scheffers’ motion for summary judgment but reverses the trial court’s grant of summary judgment to Centier. Centier is not entitled to costs or attorney fees at this time. Remands for proceedings consistent with this opinion.

Malcolm Walker v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class D felony failure to register as a sex offender.

Shelley Bradford v. Mike Lazo and Angela Lazo (mem. dec.)
Mortgage foreclosure. Affirms grant of the Lazos’ motion to dismiss Bradford’s complaint pursuant to Trial Rule 12(B)(6).