Aug. 31, 2026

Indiana Court of Appeals
Mary Rawle, The Center for Gestalt Development, Inc., John J. Powell, and Montgomery McCracken Walker & Rhoads, LLP v. Charles Bowman
No. 25A-PL-2715

Appeal from the Hamilton Superior Court, Judge David K. Najjar, Magistrate A.J. Johnson. The appellate court finds that the trial court abused its discretion by granting default judgment against the defendants and lacks personal jurisdiction over Rawle, Montgomery McCracken, and Powell. The appellate court determined that the defendants’ motion to dismiss, which included challenges to personal jurisdiction, was still pending at the time of the default judgment, and therefore, the court should have addressed that motion first. The appellate court reversed and remanded the case with instructions to dismiss the claims against the aforementioned defendants due to lack of jurisdiction, while allowing further proceedings against the Center. Judge Kenworthy authored the opinion, with Judges Bradford and Pyle concurring. Appellants’ attorney: Charles R. Whybrew, Lewis Wagner & Trimble, Indianapolis. Appellee’s attorney: Paul B. Overhauser, Overhauser Law Offices LLC,
Greenfield.

Indiana Court of Appeals  

Wayne T. Kelly v. State of Indiana

No. 26A-CR-665

Appeal from the Lake Superior Court, Judge Samuel L. Cappas. Following a bench trial, Wayne Kelly was convicted of unlawful possession of a firearm by a serious violent felon and resisting law enforcement. The court reversed the unlawful possession conviction, finding insufficient evidence to support that Kelly was a serious violent felon. Specifically, the court determined that Kelly’s prior Illinois burglary conviction was not substantially similar to the Indiana burglary-of-a-dwelling statute, which is necessary to qualify someone as a serious violent felon. Chief Judge Tavitas authored the opinion, with Judges Bradford and Felix concurring. Appellant’s attorney: R. Brian Woodward, Appellate Public Defender Crown Point. Appellee’s attorney: Office of the Indiana Attorney General.

Indiana Court of Appeals

Preston Pratt, Individually and on behalf of Wanda Pratt, Deceased v. Anonymous Physician 1 and Anonymous Hospital, Anonymous Facility, Anonymous Physician 2, Michele Bryan, as Panel Chair, and Holly Williams Lambert, in her capacity as Commissioner of the Indiana Department of Insurance

No. 26A-MI-189

Appeal from the Tippecanoe Circuit Court, Judge Sean M. Persin. The court affirmed in part and reversed and remanded in part. The trial court erred by granting summary judgment to Pulmonologist, the Hospital, and the Facility because Pratt’s proposed complaint was timely under the Martin/Van Dusen exception to Indiana’s Medical Malpractice Act. However, the trial court correctly granted summary judgment for Family Doctor, as Pratt’s claims against Family Doctor were not saved by the doctrine of continuing wrong, given that the physician-patient relationship had ceased well prior to the filing of the complaint. Judge Mathias authored the opinion. Judges Kenworthy and DeBoer concurred.  Appellant’s attorneys: Shan L. Bryant-Haase and S. Reese Sobol II, Garau Germano P.C., Indianapolis. Attorneys for appellee Anonymous Physician 1: Alyssa D. Stamatakos and Samantha K. Downton, Eichhorn & Eichhorn LLP, Hammond.  Attorney for appellee Anonymous Physician 2: Sean T. Devenney, Drewry Simmons Vornehm LLP, Carmel. Attorneys for appellees Anonymous Hospital and Anonymous Facility: Bryan H. Babb and Louise K. Conces, Bose McKinney & Evans LLP, Indiana.

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