May 8, 2026

Court of Appeals of Indiana
In re Petition to Docket Trust of B. Alice McCoy
No. 25A-TR-367

Appeal from the Monroe Circuit Court, Judge Geoffrey J. Bradley. Michael D. McCoy appealed the Monroe Circuit Court’s ruling that B. Alice McCoy had testamentary capacity when she executed estate-planning documents in August 2012. The trial court excluded two emails from the attorney involved, which Michael argued were essential to impeach the attorney’s credibility and to aid in evaluating expert opinions. The appellate court held that the trial court erred in excluding the emails and not allowing them to be referenced in expert testimony. This exclusion was not harmless, as it affected the trial court’s findings primarily based on the attorney’s and an expert’s testimonies. The appellate court vacated the trial court’s order and remanded the case for the court to admit the emails, reassess the evidence, and issue a new order, allowing for further examination of the experts. Judge Vaidik authored the opinion, with Judges Mathias and Pyle concurring. Appellant’s attorneys: Christopher E. Kozak, Nicholas J. Bognanno, Plews Shadley Racher & Braun LLP, Indianapolis, Indiana; Carla V. Garino, William J. Webster, Brianne N. Mershman, Webster & Garino LLC, Westfield, Indiana. Appellee’s attorneys: Lonnie D. Johnson, Justin K. Schwemmer, Robert D. Esrock, Clendening Johnson & Bohrer PC, Bloomington, Indiana.

Court of Appeals of Indiana
Drew Sanders, Pure Holdings, Inc., and Pure Development Capital, Inc. v. Chris Seger
No. 25A-PL-1345

Appeal from the Madison Circuit Court, Judge Mark K. Dudley. The trial court dissolved the corporations Pure Holdings and Pure Development Capital, asserting an irreconcilable deadlock between the parties, but failed to find jurisdiction over Pure Development, which was not a named party in the dissolution proceedings. The appellate court reversed the dissolution of Pure Development, affirming the dissolutions of Pure Holdings and Pure Development Capital, citing a breakdown of trust and the inability of the parties to govern effectively as evidence of deadlock. Additionally, the court upheld the dismissal of Sanders’s counterclaims for breach of fiduciary duty and abuse of process. Judge Weissmann authored the opinion, with Judges Bradford and DeBoer concurring. Attorneys for appellants Pure Holdings Inc. and Pure Development Capital Inc.: B. (Too) Keller, Matthew R. Macaluso, Keller Macaluso LLC, Carmel, Indiana. Attorneys for appellant Drew Sanders: Andrew W. Hull, Michael R. Limrick, Christopher D. Wagner, Megan M. Riley, Hoover Hull Turner LLP, Indianapolis, Indiana. Attorneys for appellee: Robert D. MacGill, Matthew T. Ciulla, Patrick J. Sanders, Elizabeth L. Merritt, MacGill PC, Indianapolis, Indiana.

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