July 15, 2026

Indiana Court of Appeals
OJL QRP LLC v. IN 123 Rentals LLC
No. 25A-CE-3217

Appeal from the Lake Superior Court, Judge John M. Sedia. OJL QRP LLC appealed after the trial court granted default judgment to IN 123 Rentals LLC when OJL’s responsive pleading was filed five days late due to a breakdown in communication with its attorney. The court denied OJL’s motion for an extension of time, which OJL argued was due to “excusable neglect.” The court reversed the trial court’s decision, finding that the breakdown in communication constituted excusable neglect and that the trial court abused its discretion in its ruling. Chief Judge Tavitas authored the opinion, with Judges Bradford and Felix concurring. Appellant’s attorney: Tramel R. Raggs, Raggs Law PC, Crown Point, Indiana. Appellee’s attorney: Greg A. Bouwer and Dylan A. Sears, Koransky Bouwer PC, Dyer, Indiana.

Indiana Court of Appeals
Carey Lee Fleener, Jr. v. State of Indiana
No. 25A-CR-2776

Appeal from the Marion Superior Court, Judge Marie L. Kern and Magistrate Heather M. Dean-Barton. Affirming in part and reversing in part, the court upheld Fleener’s conviction for criminal confinement but found his conviction for domestic battery violated substantive double jeopardy principles, thus ordering it vacated. The court determined evidence supported the conviction for criminal confinement, noting Fleener’s actions during a confrontation with his former fiancé, which resulted in bodily injury. In evaluating double jeopardy, the court found Fleener’s conduct during a short timeframe constituted a single transaction, warranting the reversal of the domestic battery conviction. Chief Judge Tavitas authored the opinion, with Judges Weissmann and Foley concurring. Appellant’s attorney: Willow Thomas, Marion County Public Defender Agency, Appellate Division, Indianapolis, Indiana. Appellee’s attorney: Office of the Indiana Attorney General.

Indiana Court of Appeals
Garvin Street Warehouse LLC and KSAB LLC v. Bridgeway Insurance Company, Ascot Specialty Insurance Company, Certain Underwriters at Lloyd’s of London, Insurance Effected with Ascot Syndicate No. 1414, Certain Subscribing Lloyd’s Underwriters, Trisura Specialty Insurance Company, General Security Indemnity Company of Arizona, Western World Insurance Company, and National Fire & Marine Insurance Company
No. 25A-PL-2272

Appeal from the Vanderburgh Superior Court, Judge Thomas A. Massey. In this commercial court case, Garvin Street Warehouse LLC and KSAB LLC appeal the trial court’s denial of their motion for partial summary judgment and the grant of the defendants’ cross-motion for judgment on the pleadings. The insurers denied Garvin’s claims based on a protective safeguards endorsement in the policy, which necessitated timely notice of any system impairments. The court found that Garvin failed to notify the insurers about a malfunctioning sprinkler system within the required 48 hours before a fire destroyed the warehouse. The trial court ruled that the insurers were not required to show prejudice arising from Garvin’s late notification, affirming the lower court’s decisions. Chief Judge Tavitas authored the opinion. Judge Foley concurs, while Judge Weissmann concurs in result with a separate opinion discussing the distinction between covenants and conditions precedent in contract law. Appellants’ attorneys: Gregory M. Gotwald and Mary Claire Tuohy, Plews Shadley Racher & Braun LLP, Indianapolis, Indiana. Appellees’ attorneys: Kyle A. Lansberry, Lewis Wagner & Trimble, Indianapolis, Indiana; Henry M. Mascia, Rivkin Radler LLP, New York, New York; Michael A. Troisi, Michael P. Welch, Evan H. Krinick and Cheryl F. Korman, Rivkin Radler LLP, Uniondale, New York; David E. Walker and Danielle M. Towe, Walker Wilcox Matousek LLP, Chicago, Illinois.

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