Opinions Nov. 24, 2021

Court of Appeals of Indiana
Butler Motors, Inc., et al. v. Michael Benosky, et al.
Civil plenary. Affirms the Marion Superior Court’s denial of two consolidated motions to dismiss filed by numerous automobile dealer defendants against a group of customers who purchased or leased vehicles from the dealers and who sued under the Deceptive Consumer Sales Act and the Motor Vehicle Dealer Services Act. In an interlocutory appeal, finds the trial court did not err by denying the respective motions to dismiss.

Brice Kennedy, et. al v. Mooresville Consolidated School Corporation (mem. dec.)
Civil tort. Reverses the entry of summary judgment for the Mooresville Consolidated School Corp. by the Morgan Superior Court regarding a swimming injury sustained by student Brice Kennedy. Finds that under the circumstances, summary judgment for MCSC was not proper based merely on an online signature page that Kennedy and his father signed when he joined the dive team. Remands for further proceedings.

Wyatt Eggleston v. State of Indiana (mem dec.)
Criminal. Affirms the Ripley Circuit Court’s order for Wyatt Eggleston to serve part of his previously suspended sentence following the revocation of his probation. Finds the trial court didn’t abuse its discretion.

Robert L. Jackson, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Robert L. Jackson’s sentence to 4½ years, with one year suspended, 215 days executed in the Indiana Department of Correction, one year and 150 days in Tippecanoe County Community Corrections and 1½ years suspended to probation, for Level 5 felony dealing in a lookalike substance. Finds Jackson has not shown that his sentence is inappropriate in light of the nature of the offense and his character.

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