Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowIndiana Court of Appeals
Cavallo Stable LLC and Aleksandra Karl v. Schwartz Boarding Farm LLC
No. 25A-PL-3120
Appeal from the Adams Circuit Court, Judge Chad E. Kukelhan. The trial court issued a default judgment in favor of Schwartz Boarding Farm, LLC, awarding damages and attorney fees against Cavallo Stable, LLC and Aleksandra Karl. The Appellants contended that the judgment was void due to lack of personal jurisdiction, as they claimed they were never properly served with the summons and complaint. The court found that Schwartz failed to demonstrate adequate proof of service, concluding that the trial court lacked personal jurisdiction over the Appellants and reversing the denial of their motion for relief from judgment. Judge Mathias authored the opinion, with Judges Kenworthy and DeBoer concurring. Appellants’ attorney: Lucas M. Ainsworth, DeVoss, Baker, Ainsworth & Razo PC, Decatur. Appellee’s attorney: Clayton J. Lengerich, Miller, Burry & Brown PC, Decatur.
Indiana Court of Appeals
Dewitt Hemphill Sr. v. State of Indiana
No. 25A-CR-3265
Appeal from the Marion Superior Court, Judge Charles F. Miller. Dewitt Hemphill Sr. was convicted of multiple counts of child molesting involving his granddaughter and a family friend. He appealed, arguing that the trial court incorrectly denied his motion to sever the charges by victim, claiming that the offenses were joined improperly. The court concluded that the charges were joined solely on the basis of being of the same or similar character, not constituting part of a single scheme or plan. As severance was mandatory under the relevant statutes, the court reversed and remanded for further proceedings. Judge Weissmann authored the opinion, with Judges Bailey and Brown concurring. Appellant’s attorney: Eugene A. Kress, Indianapolis. Appellee’s attorney: Office of the Indiana Attorney General.
Indiana Court of Appeals
J.M. v. Catucky Derby, Inc.
No. 26A-CT-122
Appeal from the Harrison Circuit Court, Judge John T. Evans. J.M. appeals the trial court’s dismissal of her amended complaint against Catucky Derby, Inc. after alleging she was raped by a fellow employee, J.M. claimed direct negligence and vicarious liability against the employer. The appellate court determined that the trial court erred in dismissing her claims, as the issues of negligence and scope of employment should be resolved through discovery and not at this early stage. Consequently, the court reversed the trial court’s decision and remanded for further proceedings. Chief Judge Tavitas authored the opinion, and Judges Bradford and Felix concurred. Appellant’s attorneys: Brandon E. Tate and Katherine A. Piscione, Waldron Tate Land LLC, Indianapolis; and Amy M. Davis, Law Office of Amy M. Davis LLC, Indianapolis. Appellee’s attorneys: Kristen E. Mueller and Daniel Polsby, Clausen Miller PC, Chicago; and Paige M. Neel, Clausen Miller PC, Michigan City.
This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.
Please enable JavaScript to view this content.