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Opinions Nov. 19, 2015

November 19, 2015

Indiana Court of Appeals
Mary K. Patchett v. Ashley N. Lee
29A04-1501-CT-1
Civil tort. Affirms on interlocutory appeal the grant of a motion in limine filed by Lee and order that evidence of payments made by the Healthy Indiana Plan to reimburse Lee’s medical providers in full satisfaction of her bills was barred by the collateral source statute and is not admissible under Indiana case law. Determines that the rule of Stanley applies only to lower paid amounts when those amounts are the result of negotiated discounts and therefore are probative of a medical service’s reasonable value.

Horizon Bank, N.A. v. Centier Bank (mem. dec.)
46A04-1409-MF-408
Mortgage foreclosure. Grants rehearing. Remands to the trial court, in light of Huntington Nat. Bank v. Car-X Associates Corp. (filed August 21, 2015), Ind. No. 64S04-1504-MF-18, to evaluate whether Horizon is entitled to relief from the default judgment under subparagraph (8).

Joshua Tarazona v. State of Indiana (mem. dec.)
49A05-1503-CR-92
Criminal. Affirms conviction of Class B felony criminal confinement, finding sufficient evidence to support it.

Telly S. Bracey v. State of Indiana (mem. dec.)
71A04-1506-CR-621
Criminal. Affirms conviction of Class B felony attempted robbery, finding the trial court did not clearly err in rejecting Bracey’s insanity defense and finding him guilty.

Zachary L. Ray v. State of Indiana (mem. dec.)
49A02-1504-CR-209
Criminal. Affirms felony murder conviction, finding sufficient evidence to support it.

Michael Taylor v. State of Indiana (mem. dec.)
49A05-1504-CR-142
Criminal. Affirms convictions and 45-year sentence for Class B felony unlawful possession of a firearm by a serious violent felony and Class C felony battery. Affirms adjudication as a habitual offender.

Roger Tolentino and Repto, Inc. v. Sheldon J. Hermann and Cheryl A. Hermann (mem. dec.)
49A02-1502-CC-113
Civil collection. Affirms order for payment of attorney fees by Repto to the Hermanns as a sanction under Indiana Trial Rule 37.

Kansas City Services, Inc. v. Bryan Connan, individually, Julie Connan, individually, and Connan's Zionsville Investore, LLC (mem. dec.)
06A04-1502-PL-66
Civil plenary. Affirms denial of relief on Kansas City Service’s complaint for breach of contract, reverses the denial of relief on the claim for equitable relief and remands for a hearing on the appropriate amount of restitution.
 

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