Opinions May 3, 2021

Indiana Court of Appeals
Service Steel Warehouse Co., L.P. v. United States Steel Corp.
Civil collection. Reverses the entry of partial summary judgment in favor of United States Steel Corp. on Service Steel Warehouse Co.’s mechanic’s lien foreclosure claim. Finds Indiana’s mechanic’s lien statute does not require on-site labor for subcontractor status, and the essential feature making one a subcontractor, rather than a material supplier, is the performance of a definite and substantial portion of the project’s prime contract. Also finds Service Steel’s mechanic’s lien is not barred by the supplier-to-supplier prohibition. Finally, finds the Lake Superior Court erred in granting summary judgment on favor of U.S. Steel. Remands for further proceedings.

Logansport/Cass County Airport Authority v. Jerra Kochenower, Barry Heinley, James Brown, Joseph Robert Morsman, Robert Allen James, James C. Mizell, BNY Mellon, Unknown Members, Shareholders, Officers, Partners, Sole Proprietors, or Other Affiliates of Any Other Defendant
Civil plenary. Affirms the grant of Jerra Kochenower’s Trial Rule 60(B) motion to set aside default judgment. Finds that to successfully allege a meritorious claim or defense pursuant to Rule 60(b), a party seeking relief from a default judgment must state a factual basis for his purported meritorious claim or defense, but at this initial stage such a showing is not governed by the rules of evidence, so the Cass Superior Court did not err as a matter of law in its application of the rule. Also finds the trial court’s judgment is not clearly against the logic and effect of the facts and circumstances supporting relief from the default judgment.

Edward C. Horton v. Monon Lofts, L.P., a/k/a Monon Lofts Apartments (mem. dec.)
Civil tort. Affirms the dismissal of Edward C. Horton’s second amended complaint against Monon Lofts L.P., which concerned a dispute under a lease agreement between the parties. Finds that Morton’s appeal is waived. Grants Monon Lofts’ request for damages under Indiana Appellate Rule 66(E). Remands to determine an appropriate award of damages to Monon Lofts.

Terence Little, III v. State of Indiana (mem. dec.)
Criminal. Affirms Terence Little III’s aggregate five-year sentence with four years executed and one year suspended to probation for his convictions of Level 6 felony counts of domestic battery and escape. Finds Little has not shown that his sentence is inappropriate in light of the nature of the offenses and his character.

Ryan D. Davis v. State of Indiana (mem. dec.)
Affirms Ryan D. Davis’ conviction of dealing in methamphetamine as a Level 2 felony. Finds the Howard Circuit Court’s admission of a video recording and still photographs of a drug buy was not reversible error.

Duward T. Roby v. Mark Sevier (mem. dec.)
Miscellaneous. Affirms the grant of a motion to dismiss Duward T. Roby’s petition for writ of habeas corpus filed against Mark Sevier, superintendent of the New Castle Correctional Facility. Finds the Henry Circuit Court did not err when it granted the state’s motion to dismiss after 16 days. Also finds Roby has not stated a claim upon which release can be granted because he would not be entitled to an immediate release from custody even if the allegations in his petition were true. Finally, finds the trial court did not err when it granted the state’s motion to dismiss Roby’s petition under Trial Rule 12(B)(6).

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