Opinions Jan. 23, 2017

January 23, 2017

Indiana Court of Appeals
GHPE Holdings, LLC, d/b/a Godby Heating Plumbing Electrical v. Jason Huxley
Civil plenary. Affirms the Marion Superior Court damages award on Godby Heating Plumbing Electrical’s counterclaim and its refusal to award treble damages or attorney fees to Godby. Reverses the trial court’s award of $972.71 in base wages to Jason Huxley, as well as the doubling of that amount as liquidated damages. Remands for calculation of the wages to which Huxley is entitled after consideration of mandatory tax withholding only. Also remands for recalculation of the reasonable appellate attorney fees to which Huxley is entitled with respect to defending the Wage Payment Act judgment only.

Indiana Bureau of Motor Vehicles, and Kent Abernathy, Commissioner of the Indiana Bureau of Motor Vehicles v. Craig Watson
Miscellaneous. Reverses the Lake Circuit Court’s denial of the Bureau of Motor Vehicles’ motion to correct error. Vacates the trial court’s order directing BMV to issue Craig Watson a chauffeur’s license. Finds that because Watson effectively petitioned the trial court for judicial review of an agency action without having served the Attorney General of Indiana, as required by the Indiana Administrative Orders and Procedures Act, the trial court did not have personal jurisdiction and therefore could not enter an order directing the BMV to issue Watson a chauffeur’s license.

L.O.C. v. State of Indiana (mem. dec.)
Juvenile. Affirms L.C.’s adjudication as a delinquent child for his act that would have been Level 6 felony possession of a legend drug if committed by an adult. Finds that the evidence is sufficient to sustain L.C.’s adjudication and that L.C. has failed to prove that his trial counsel was ineffective.

Keith Krzeminski v. James Carr and Renee Carr (mem. dec.)
Miscellaneous. Reverses the trial court’s order of summary judgment in favor of James and Renee Carr. Finds that Keith Krzeminski’s designated evidence raised a genuine issue of material fact with respect to the Carrs’ claim that should be determined at trial. Remands for further proceedings.

In re the Paternity of Stephenie Buck Elizabeth (Buck) Tyler v. Steven Vetor (mem. dec.)
Juvenile paternity. Affirms the trial court’s denial of Elizabeth Tyler’s petition to modify custody. Finds that the Madison Circuit Court did not abuse its discretion or commit reversible error.