Indiana Court of Appeals
Blind Hunting Club, LLC and Brian Lane v. David Martini and Theresa Farrell
Civil plenary. Affirms the grant of summary judgment to David Martini and Theresa Farrell on their complaint for declaratory judgment against Blind Hunting Club LLC and Brian Lane regarding the scope of an easement. Finds the agreement as a whole and the parties’ course of conduct demonstrate that BHC can use the easement either to access the property for a farm purpose and/or to access no more than two residences. Also finds BHC’s fee-based hunting operation is not a “farm” and is therefore not permitted by the agreement. Finally, finds the Dearborn Circuit Court did not err when it concluded that a fee-based hunting operation is not a business contemplated by the easement.
Lowell Lakin a/k/a L&P Body Shop v. Auto-Owners Insurance Company and Property-Owners Insurance Company (mem. dec.)
Civil collection. Affirms the denial of Lowell Lakin a/k/a L&P Body Shop’s motion to correct error after the Jasper Circuit Court granted judgment on the evidence to Auto-Owners Insurance Company and Property-Owners Insurance Company. Finds that under the plain language of the policy in effect at the time of loss, Lakin was entitled to only actual cash value compensation, and the insurers fulfilled this obligation by paying Lakin actual cash value. Also finds the insurers were entitled to judgment on the evidence because Lakin failed to put forth substantial evidence that the policy in effect at the time of loss provided for replacement cost coverage.
Gregory J. Weinkauf v. Jean Gleissner, as Personal Representative of the Estate of Joseph Weinkauf, Christopher Muller, Hannah Schleuder, et al. (mem. dec.)
Civil plenary. Affirms the denial of Gregory Weinkauf’s motion to correct error in his challenge to the last will and testament of his father, Joseph Weinkauf, after the St. Joseph Superior Court granted summary judgment in favor of Jean Gleissner as personal representative of Joseph’s estate, Christopher Muller, Richard Muller, Hannah Schleuder, Heidi Schleuder and Nathan Schleuder. Finds the affidavits filed by Gregory and Veronica do not create genuine issues of material fact because they do not contain information within the personal knowledge of either Gregory or Veronica Weinkauf regarding Joseph’s mental state or any alleged undue influence, duress or fraud when Joseph executed his will in 2013. Also finds the trial court did not err in granting the appellees’ motion for summary judgment or in denying Gregory’s motion to correct error.
Billy Robinson v. State of Indiana (mem. dec.)
Criminal. Affirms Billy Robinson’s three-year sentence for his convictions in Marion Superior Court of Level 5 felony criminal recklessness and Level 6 felony pointing a firearm. Finds Robinson’s sentence is not inappropriate.
Patrick B. Collins v. State of Indiana (mem. dec.)
Post conviction. Affirms the Vanderburgh Superior Court’s denial of Patrick Collins’ amended petition for post-conviction relief. Finds Collins waived appellate review of his ineffective assistance of counsel claim. Waiver notwithstanding, also finds Collins cannot overcome the presumption that his counsel exercised reasonable professional judgment and rendered adequate legal assistance, nor can he demonstrate that he suffered prejudice from counsel’s alleged deficient performance.