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Opinions March 8, 2017

March 8, 2017

Indiana Court of Appeals
Magic Circle Corp., D/B/A Dixie Chopper, Arthur Evans, Wesley Evans, and Jeffrey Haltom v. Crowe Horwath, LLP
71A03-1607-PL-1520
Civil plenary. Reverses and remands the St. Joseph Circuit Court’s grant of Crowe Horwath LLP’s motion to dismiss two counts brought against it by Magic Circle Corp. on the grounds the claims were barred by the economic loss rule and several exculpatory provisions. Finds the economic loss rule does not have the effect of barring an accountant malpractice claim at tort. Finds the exculpatory and limitation of liability clauses did not operate to preclude a recovery such that Magic Circle failed to plead a claim upon which, based upon the facts as pled in the complaint, relief could be granted. Finally, finds the trial court erred in dismissing the complaint.

Bruce R. VandeZande v. Market Ready (mem. dec.)
02A03-1607-CC-1661
Civil collection. Affirms the Allen Superior Court’s denial of Bruce R. VandeZande’s Trial Rule 60 motion to set aside judgment in favor of Market Ready in its collection suit against VandeZande. Finds that the trial court did not err.     

Margie Rene Mayhill v. State of Indiana (mem. dec.)
30A01-1610-CR-2340
Criminal. Affirms Margie Rene Mayhill’s conviction for Class A misdemeanor invasion of privacy. Finds the state presented sufficient evidence to support Mayhill’s conviction and the Hancock Superior Court did not commit fundamental error.

J.W. v. T.M. (mem. dec.)
53A04-1609-AD-2165
Adoption. Affirms the Monroe Circuit Court’s order that declared J.W.’s consent was not required for the adoption of Ja.M. by T.M. Finds the trial court did not abuse its discretion or violate J.W.’s right to due process when it denied his motion to continue. Also finds T.M. presented sufficient evidence that J.W.’s consent to Ja.M.’s adoption was not required because J.W. had the ability to pay support and did not for a one-year period. Finally, finds J.W. has not demonstrated error.

Zena D. Crenshaw-Logal, Personally and as Relator for the State of Indiana, et al. v. Lake Superior Court, Small Claims Division III, the Honorable Julie N. Cantrell as its Judge, et al. (mem. dec.)
45A04-1607-PL-1583
Civil plenary. Dismisses Zena Crenshaw-Logal’s appeal of the Lake Circuit Court’s dismissal of her action for mandate. Finds the notice of appeal filed by Crenshaw-Logal was untimely, so she forfeited her right to appeal, and even without the forfeiture, reversal of the trial court’s order would not be warranted.
 

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