Opinions Feb. 21, 2022

Keywords Opinions

Court of Appeals of Indiana
Bhaktavatsala R. Apuri, M.D. v. Parkview Health System, Inc., Parkview Hospital, Inc., and Roy Robertson, M.D.
Civil plenary. Affirms the grant of summary judgment to Parkview Health System Inc., Parkview Hospital Inc. and Dr. Roy Robertson on a complaint for breach of contract, intentional interference with a business relationship and intentional interference with a contract brought by Dr. Bhaktavatsala Apuri. Finds Apuri did not designate evidence of a material factual dispute over whether he can overcome the presumption of adequate notice and hearing procedures, and the Allen Superior Court correctly determined the adequate notice and hearing procedures requirement was deemed satisfied. Also finds the appellees were immune from suit for Apuri’s claims, so the trial court correctly concluded they were entitled to judgment as a matter of law.

Josh Weathersby v. State of Indiana (mem. dec.)
Criminal. Affirms and reverses in part the imposition of costs against Josh Weathersby following his sentencing for residential breaking and entering as a Level 6 felony, criminal trespass as a Class A misdemeanor, interference with reporting a crime as a Class A misdemeanor and invasion of privacy as a Class A misdemeanor. Finds the Marion Superior Court inquired as to Weathersby’s indigency at the sentencing hearing, but remands to clarify the sliding fee scale of the community corrections costs.

Lawrence E. Kellogg v. Mary C. Reynard (mem. dec.)
Domestic relations, no children. Affirms the division of the marital estate following the dissolution of Lawrence E. Kellogg’s marriage to Mary C. Reynard. Finds the Jay Circuit Court did not abuse its discretion in finding Kellogg did not rebut the presumption of an equal division of marital property.

William Dean Robinson v. State of Indiana (mem. dec.)
Criminal. Affirms William Dean Robinson’s convictions of rape and sexual battery and his sentence to an aggregate of 18 years. Finds there was sufficient evidence to sustain Robinson’s convictions. Also finds the sentence is not inappropriate in light of the nature of the offenses and Robinson’s character.

Adam Lee Howard v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Adam Lee Howard’s probation. Finds the state presented sufficient evidence that Howard violated his probation. Also finds the Decatur Superior Court did not abuse its discretion by revoking Howard’s probation.

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