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Westwood Veterinary Clinic, LLC v. Amber Blackburn
25A-PL-1082
Civil plenary. Affirms the Hamilton Circuit Court’s grant of summary judgment to Amber Blackburn on Westwood Veterinary Clinic’s complaint and Blackburn’s counterclaim. Finds Westwood failed to demonstrate that the trial court abused its discretion by awarding sanctions, failed to demonstrate that the trial court erred by granting Blackburn’s motion for summary judgment and failed to demonstrate that the trial court abused its discretion in awarding Blackburn attorney fees. Attorney for appellant: Heather McClure O’Farrell. Attorney for appellee: Benjamin Fultz.
Metropolitan School District of Southwest Allen County, Indiana v. Crown Enterprises
25A-PL-290
Civil plenary. Reverses the Allen Circuit Court’s decision to sustain Crown Enterprises’ present need objection after The Metropolitan School District of Southwest Allen County, Indiana brought a condemnation action against Crown Enterprises to acquire Crown’s real estate. Finds the trial court erred by sustaining Crown’s present need objection. Remands with instructions for the trial court to enter an order granting the district’s motion to overrule and overruling Crown’s objections. Judge Nancy Vaidik concurs in result with separate opinion. Judge Elizabeth Tavitas dissents with separate opinion. Attorneys for appellant: Bart Karwath, Mark Crandley. Attorney for appellee: William Ramsey.
Keystone Cooperative, Inc. v. Brock Frasch and Evolve Ag, LLC
25A-CE-1212
Commercial court eligible. Affirms the Marion Superior Court’s granting of Brock Frasch and Evolve Ag, LLC’s motion to transfer venue. Finds the trial court properly determined that Marion County is not a preferred venue and correctly transferred this case to Fountain County, which is a county of preferred venue. Attorneys for appellant: Melissa Macchia, Tracy Betz, Donald Morgan, Jeffrey Parker.
Andre D. Johnson v. State of Indiana
24A-CR-2903
Criminal. Affirms Andre Johnson’s conviction in Boone Circuit Court for Level 1 felony dealing in a controlled substance resulting in death. Finds that the erroneous admission of Dr. Thomas Sozio’s remote testimony was harmless beyond a reasonable doubt. Also finds evidence is sufficient to support a finding that the only drugs Wes Johnson (not related to the defendant) had, and the drugs that killed him, were the drugs he bought from Johnson. Attorney for appellant: Riley Parr. Attorneys for appellee: Todd Rokita, George Sherman.
Analise Parsley v. Ethan Marasco, Eric Marasco, and Rosiel Marasco
25A-PL-352
Civil plenary. Affirms the Marion Superior Court’s granting of summary judgment to Ethan Marasco and his parents after Analise Parsley sued Marasco and his parents, Eric and Rosiel Marasco, in federal district court for several torts. Finds Parsley has not satisfied the Journey’s Account Statute’s requirements because her attorneys were negligent in the prosecution. Attorneys for appellant: B.J. Brinkerhoff, Laura Taylor. Attorneys for appellees: Matthew Foster, Janelle Kiles, J. Neal Bowling.
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