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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowState of Indiana ex rel. Indiana Department of Transportation v. Harrison Circuit Court, et al.
No. 26S-OR-265
Appeal from Harrison Circuit Court, Special Judge Justin B. Mills. The court granted the State of Indiana’s petition for a writ of mandamus, ordering the Harrison Circuit Court to vacate its mediation orders and enter judgment on appraisers’ awards in a condemnation proceeding. The court held that because no exceptions were filed within the statutory period, the appraisers’ award became final and binding. The State had adequately established that the lower court failed to act when it was under a duty to do so, thus justifying the issuance of the writ. Per curiam opinion. Chief Justice Rush and Justices Massa and Goff concurred. Justices Slaughter and Molter dissented, arguing that the State had an adequate appellate remedy it chose not to pursue. Attorneys for relator: Office of the Indiana Attorney General. Attorney for respondent: Tyler D. Helmond, Voyles Lukemeyer Baldwin Webb & Helmond, Indianapolis. Attorneys for interested party: Gordon D. Ingle and Evan Bardach, Ingle Bardach Law Office, Corydon.
Indiana Court of Appeals
Rodolfo Echeverria, Jr., et al. v. Dido Echeverria, Sr.
No. 25A-TR-2618
Appeal from the Elkhart Superior Court, Judge Andrew M. Hicks. The court affirmed the probate court’s denial of petitions for accountings of the Rodolfo and Dido Trusts filed by the Children, Rodolfo Echeverria, Jr. and Dido Gamble. The court determined that the Children did not qualify as beneficiaries of the Trusts since their interests were contingent upon conditions that had not been met, particularly in relation to the funding of the Children’s Trust. Thus, they were not entitled to request accountings. Judge Bradford authored the opinion, with Judges Pyle and Kenworthy concurring. Attorneys for appellants: Robert J. Palmer, Brad L. Varner, Cortney N. Sweat, May Oberfell Lorber LLP, Mishawaka. Attorneys for appellee: Mark D. Boveri, Alex C. Bowman, Krieg DeVault LLP, Mishawaka.
Indiana Court of Appeals
Jesse Oglesby v. Unnamed Physician, et al.
No. 26A-CT-143
Appeal from the Vanderburgh Superior Court, Judge Thomas A. Massey. The court reversed the trial court’s grant of summary judgment in favor of the defendants on Oglesby’s medical malpractice claim, holding that the trial court abused its discretion by striking the affidavit of an expert physician after allowing the defendants to introduce additional evidence shortly before the summary judgment hearing. The court found that the evidence raised genuine issues of material fact regarding whether the defendants were negligent, as it conflicted with the evidence supporting the presence of a prior anesthesia complication. Thus, summary judgment was deemed improper. Chief Judge Tavitas authored the opinion, with Judges Bradford and elix concurring. Appellant attorney: Emily A. DeVuono, Moore Law Group, PLLC, Louisville. Appellees attorneys: Nicholas G. Brunette, Reminger Co., L.P.A., Indianapolis; Benjamin J. Weigel, Clay A. Edwards, Morgan N. Blind, O’Bryan, Brown & Toner, PLLC, Louisville; Sarah N. Vrabel, O’Bryan, Brown & Toner, PLLC, Indianapolis; Ryan T. Wood, Kyle L. Childress, Barnes Maloney, PLLC, Louisville.
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