Opinions Feb. 7, 2022

Court of Appeals of Indiana
Emily Styron, Mayor of the Town of Zionsville, Indiana v. Brad Burk, Alex Choi, Joseph Culp, Josh Garrett, Craig Melton, Jason Plunkett, and Bryan Traylor, Town Council of Zionsville, Indiana, and James C. VanGorder
Civil plenary. Affirms the Boone Superior Court’s entry of summary judgment for the Town Council of Zionsville and its denial of Mayor Emily Styron’s motion for summary judgment. Finds that the power proposed to be exercised by the mayor — namely, to redefine the duties of the fire department chief, revise his job description and demote him — would, in its operation and effect, discharge the chief without the council’s approval as required under the express terms of the town’s 2014 reorganization resolution.

Anshious B.D. Aron-Storey v. State of Indiana (mem. dec.)
Criminal. Affirms Anshious B.D. Aron-Storey’s conviction for murder and an enhancement for the use of a firearm in the commission of a felony. Finds sufficient evidence to rebut his claim of self-defense.

Davunta D. Sturghil v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Davunta D. Sturghil’s probation, as well as the sanction imposed by the Allen Superior Court for his probation violation. Finds overwhelming evidence to support the trial court’s conclusion that Sturghil had violated the terms and conditions of his probation. Also finds the trial court’s imposition of an executed sentence was not an abuse of discretion.

American Family Mutual Insurance Company, S.I. v. Gail Lewis Hicks and Larry Hicks, and Keith Head (mem. dec.)
Civil tort. Reverses the denial of Keith Head and American Family Mutual Insurance Company’s motion for summary judgment against a lawsuit filed by Gail and Larry Hicks. Finds the Lake Superior Court erred in denying American Family’s motion for summary judgment. Remands to the trial court with instructions to enter summary judgment in favor of American Family.

Danny Roger Kawzinski v. State of Indiana (mem. dec.)
Criminal. Affirms Danny Kawzinski’s conviction for Level 6 felony intimidation. Finds sufficient evidence exists to support the conviction.

Lori Della Valle and Guy Della Valle v. Andrew J. Thompson and Thompson Law Office, LLC (mem. dec.)
Civil tort. Affirms and reverses in part the grant of partial summary judgment regarding Lori and Guy Della Valle’s claims against Andrew Thompson and the Thompson Law Office LLC; the denial of the Della Valles’ cross-motion for summary judgment regarding the defendants’ amended counterclaims; and the denial of the defendants’ motion for summary judgment regarding the Della Valles’ fraud claim. Finds the Marion Superior Court erred when it granted the defendants’ motion for summary judgment regarding Counts I, III, IV, V, VI, VII and VIII of the Della Valles’ amended complaint. Also finds the trial court properly denied the defendants’ motions for summary judgment regarding Count II, the fraud claim. Finally, finds the trial court properly denied the Della Valles’ cross-motion for summary judgment regarding Counts I and II of the amended counterclaim, but erred by denying the cross-motion for summary judgment regarding Count III of the amended counterclaim. Remands for further proceedings.

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