Opinions Oct. 3, 2018

Keywords Opinions

Indiana Court of Appeals
Bobby J. Johnson, Jr. v. Hix Wrecker Service, Inc.

Civil plenary. Affirms the Marion Superior Court’s award of post-judgment attorney’s fees to Bobby J. Johnson, Jr. and his counsel. Finds the trial court did not abuse its discretion by vacating its prior provisional order for sanctions against Hix Wrecker Service, Inc. Also finds no abuse of discretion in the trial court’s calculation and award of roughly $35,000 in post-judgement attorney fees to Johnson’s counsel without using the lodestar method. 

Elkhart Foundry & Machine Co., Inc. v. City of Elkhart Redevelopment Commission for the City of Elkhart
Civil tort. Affirms the denial of Elkhart Foundry & Machine Company’s motion for summary judgment on the City of Elkhart’s environmental legal action. Finds Indiana Code section 34-11-2-11.5 is a statute of limitation and allows for recovery of costs incurred not more than 10 years before the date the action is filed. Also affirms the denial of the city’s mini-CERCLA claim and nuisance claim. 

James P. Little v. State of Indiana (mem. dec.)
Criminal. Affirms James Little’s six-year sentence for his conviction of Level 5 felony operating a motor vehicle after his driving privileges were forfeited for life. Finds his sentence is not inappropriate. 

Allen Allmond v. State of Indiana (mem. dec.)
Criminal. Affirms and reverses in part the Madison Circuit Court’s revocation of Allen Allmond’s probation and his placement in a work release program. Finds the trial court did not err in revoking the balance of Allmond’s previously suspended sentences; in awarding credit time plus good time credit for the time he served from Oct. 17-Dec. 21; and in not again awarding Allmond credit time for Jan. 25-Feb. 14; March 3-April 17; April 27-May 1; and June 25-July 25, 2017. Also finds the trial court erred when it awarded Allmond good time credit for his time incarcerated from June 19 through July 12, 2016, and when it did not award Allmond credit time plus good time credit for the time he served on work release from July 25-July 30, 2017. Remands with instructions to award Allmond credit time plus good time credit for the time spent on work release from July 25 through July 30 in addition to credit time earned for the time him spent incarcerated from Oct. 17 through Dec. 21.

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