Opinions March 22, 2023

The following Indiana Supreme Court opinion was posted after IL deadline on Tuesday:

Cliff Decker and Wendy Decker, Individually and on Behalf of all others Similarly Situated v. Star Financial Group, Inc.
Civil plenary. Reverses Allen Superior Court’s judgment to grant Star Financial Bank’s motion to compel arbitration after Cliff and Wend Decker sued. Finds the account agreement’s change-of-terms clause did not allow Star Financial Group, Inc. to add the addendum. Remands for further proceedings. Justice Christopher Goff concurs in separate opinion.

Wednesday opinions

Court of Appeals of Indiana
Jennifer Pennington and Joshua Pennington v. Memorial Hospital of South Bend, Inc. d/b/a Beacon Health and Fitness, Spear Corporation, and Panzica Building Corporation
Civil tort. Affirms St. Joseph Superior Court’s grant of summary judgment to Spear Corporation and Panzica Building Corporation and a partial summary judgment to Beacon Health Building Corporation. Finds the trial court did not abuse its discretion by striking a portion of the deposition testimony of the Penningtons’ designated expert witness nor did it abuse its discretion in its evidentiary rulings.

Raj K. Patel v. The United Parcel Services, Inc. (mem. dec.)
Civil tort. Dismisses Raj Patel who is a serial litigant for failing to timely file an appendix. Finds Patel failed to meet the requirements of appellate rules and further failed to follow an order from the appellate court.

Monique K. Maher f/k/a Monique K. Cmerjrek v. Ryan C. Cmejrek (mem dec.)
Domestic relations with children. Affirms Lake Circuit Court’s division of marital estate. Reverses the trial court’s child support order and remands the court for calculation of the father’s child support obligation.

Ronald J. Steward v. State of Indiana (mem. dec.)
Criminal. Affirms Lake Superior Court’s denial of Ronald Steward’s request for an award of pretrial credit time. Finds the trial court did not err when it denied his request.

Robert L. McCoy v. State of Indiana (mem. dec.)
Post conviction relief petition. Affirms the denial of Robert McCoy’s petition for post-conviction relief. Finds McCoy has not shown that the post-conviction court erred when it failed to grant him relief. Also finds based on his newly discovered evidence its denial was not clearly erroneous.

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