Opinions Aug. 1, 2022

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Court of Appeals of Indiana
Dharminder Sethi and Fine Enterprises, Inc. v. Petroleum Traders Corporation (mem. dec.)
22A-CC-223
Civil collection. Affirms the Allen Superior Court’s granting of summary judgment to Petroleum Traders Corporation in a dispute with Dharminder Sethi and Fine Enterprises Inc. regarding a contract dispute over fuel futures. Finds that PTC emailing FEI the margin call demand constituted a breach of the agreement, but that breach was immaterial and therefore PTC was not precluded from bringing an action against FEI. Also finds the trial court did not err.

Daniel Ross Lytle, Jr. v. State of Indiana (mem. dec.)
21A-CR-2456
Criminal. Affirms Daniel R. Lytle Jr.’s conviction of Class A misdemeanor trespass. Finds the state presented sufficient evidence that Kendallville’s Parks and Recreation Department exerted control over Kendallville Police Department, satisfying the three elements set forth in Demming v. Underwood, 943 N.E.2d 878 (Ind. Ct. App. 2011), needed to create an agency relationship. Also finds the state presented sufficient evidence to establish that KPD acted as agents of the Parks Department when issuing a park ban notice and pursuing trespassing charges against Lytle. Finally, finds the evidence is sufficient to sustain Lyle’s conviction.

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