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Opinions Dec. 4, 2017

December 4, 2017

Indiana Court of Appeals
Flanner House of Indianapolis, Inc. v. Flanner House Elementary School, Inc., Aliza Anderson, Chi Blackburn, Lorri Bryant, Dr. Cathi Cornelius, Robert Dotson, Brooke Dunn, Frances L. Hudson, et al.

49A02-1612-PL-2942
Civil plenary. Affirms the entry of summary judgment in favor of Flanner House Elementary School, Inc. and its individual directors and officers. Finds the Marion Superior Court did not err in granting summary judgment on the issue of compliance with the notice requirement of the Indiana Tort Claims Act. Also finds the application of the notice and liability limitations of the Indiana Tort Claims Act to charter schools is constitutional. Finally, finds Indiana Code sections 34-13-3-3 and 34-6-2-49(a) do not violate Article 1, Section 12 of the Indiana Constitution.

Carriage Courts Homeowners Association, Inc. v. Rocklane Company, LLC (mem. dec.)
49A04-1705-PL-968
Civil plenary. Affirms and reverses in part the entry of summary judgment in favor of Rocklane Company, LLC on Rocklane’s complaint for breach of contract against Carriage Courts Homeowners Association, Inc. Finds the Marion Superior Court did not err in rejecting the HOA’s argument that a mutual mistake of fact prevented the formation of a contract. Also finds the cancellation fee set forth in the agreement between the HOA and Rocklane was a valid and enforceable liquidation damages clause. Finally, finds the trial court abused its discretion in awarding Rocklane only a portion of its requested attorney fees. Remands with instructions to determine reasonable attorney fees.

In re the Paternity of Titus A. Gambrel; Willa Royal v. Luke Gambrel (mem. dec.)
36A01-1706-JP-1475
Juvenile paternity. Affirms the Jackson Superior Court’s order finding Willa Royal in contempt for denying Luke Gambrel his scheduled parenting time with the couple’s 3-year-old son and the denial of her motion to modify parenting time to limit Gambrel’s parenting time to supervised visits only. Finds Royal has failed to establish prima facie error.

Jason Daniel Moore v. State of Indiana (mem. dec.)
53A01-1701-CR-102
Criminal. Affirms the revocation of Jason Moore’s probation and the sentence imposed following his guilty plea to a charge of Class C felony operating a vehicle while intoxicated. Finds the Monroe Circuit Court did not abuse its discretion in ordering Moore to serve the remainder of his previously suspended sentence. Also finds Moore’s six-year sentence for is not inappropriate.

Brandon Shryock v. State of Indiana (mem. dec.)
48A04-1706-CR-1177
Criminal. Affirms the revocation of Brandon Shryock’s home detention, the reinstatement of his previously suspended sentence, and the order for him to serve 1,460 days of imprisonment as a sanction for violating a no-contact order. Finds Shryock failed to establish the Madison Circuit Court abused its discretion in its order for sanctions.

 

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