Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowIndiana Court of Appeals
H.R. v. M.R.
25A-PO-17
Protective order. Reverses Scott Circuit Court Magistrate Alison Frazier’s protective order against H.R. Finds the record contains no evidence that H.R. ever harmed or threatened to harm M.R. or that he represents a present credible threat to her safety. Also finds that H.R. has met his burden to establish prima facie error. Attorneys for appellant: Bryan Ciyou, Anne Lowe. No attorney listed for appellee.
In re Commitment of D.W v. IU Health Methodist Hospital
24A-MH-2284
Mental health. Affirms Marion Superior Court Judge David Certo’s order committing D.W. to IU Health Methodist Hospital for a period expected to exceed 90 days. Finds clear and convincing evidence supports the trial court’s decision to order the regular commitment of D.W. Attorneys for appellant: Talisha Griffin, Ellen O’Connor. Attorneys for appellee: Jenny Buchheit, Sean Dewey.
Jackie L. Bowen v. Mark J. Bowen
24A-DN-1655
Domestic relations with no children. Affirms Hamilton Superior Court Judge David Najjar’s determination that Mark Bowen is not in contempt and did not willfully disobey his divorce settlement agreement with Jackie Brown. Reverses the trial court’s determination that the husband’s DROP benefits are not marital property. Remands for further proceedings. Attorneys for appellant: Maggie Smith, Darren Craig. Attorneys for appellee: Nancy Cross, Brandon Elkins-Barkley.
Estate of Judah Morgan, by Jenna Hullett, Personal Representative v. Alan Morgan, Mary Yoder, and Indiana Department of Child Services
24A-CT-2513
Civil tort. Affirms the Hendricks Superior Court’s dismissal of Jenna Hullett’s claim under the Child Wrongful Death Statute, agreeing that she lacked standing. Reverses the dismissal of Hullett’s claims under the General Wrongful Death Statute and Survival Statute, concluding the amendments that specifically referenced those statutes arose from the same conduct, transaction, or occurrence alleged in Hullett’s timely-filed complaint and, thus, related back to the date of that filing. Finds that Hullett timely-filed her Survival claim and GWDS claim. Attorneys for appellant: Charles Rice, Patrick Murphy. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General David Arthur.
Aegean LLC d/b/a Public Agency Training Council v. Taggart Insurance Center, Inc.
24A-PL-2270
Civil plenary. Affirms Marion Superior Court Judge Christina Klineman’s granting of summary judgment to Taggart Insurance Center. Finds that summary judgment was proper because no material question of fact exists as to whether the two-year statute of limitations began to run in 2017 and expired before the filing of Aegean’s complaint four years later. Attorneys for appellant: George Plews, Joanne Sommers, Mia Tapella. Attorney for appellee: Alex Beeman.
City of Fishers, et.al. v. Netflix, Inc., et. al.
24A-PL-1657
Civil plenary. Affirms Marion Superior Court Judge Christina Klineman’s dismissal of the cities of Fishers, Indianapolis, Evansville and Valparaiso lawsuit against Netflix, Disney DTC LLC; Hulu, LLC; DIRECTV, LLC; Dish Network Corp; and Dish Network L.L.C for their alleged failure to pay franchise fees, which the cities alleged the streaming companies owed pursuant to Indiana’s Video Service Franchises Act. Finds while the case was pending, the Indiana General Assembly amended the VSF Act to exempt the streaming companies and similar persons from the VSF Act’s requirements, and the amendment was retroactive. Also finds the amendments do not violate the Indiana Constitution. Attorneys for appellants: Andrew Hull, Michael Limrick. Attorneys for appellees: F. Anthony Paganelli, Anne Cowgur and multiple other attorneys.
Please enable JavaScript to view this content.