Opinions Oct. 10, 2019

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Indiana Court of Appeals
State of Indiana v. Frederick Obryan McFarland
18A-CR-2408
Criminal. Affirms the Vanderburgh Superior Court’s denial of the state’s motion to amend the habitual offender charging information against Frederick McFarland filed three calendar days before his trial on multiple charges related to a fatal car crash allegedly cause after McFarland fled an attempted traffic stop. Finds no abuse of discretion in the trial court’s ruling.

Christopher R. Glock, M.D. v. Rickey D. Kennedy
18A-CT-2486
Civil tort. Affirms the Vigo Superior Court’s denial of Christopher Glock, M.D.’s motion for judgment on the evidence and motion to correct error in a medical-malpractice case. Finds the trial court did not abuse its discretion in denying the motion to correct error. Concludes that the evidence most favorable to the judgment along with all reasonable inferences to be drawn from the evidence supports the judgment.

Diana F. Zelman v. Capital One Bank (USA) N. A.
19A-CC-00989
Civil collection. Reverses the Delaware Circuit Court’s order granting summary judgment to Capital One Bank on its claim against Diana Zelman for nonpayment of credit card debt. Finds the trial court failed to designate admissible evidence establishing that Zelman had opened a credit card account with the bank, and that Zelman owed $6,292.34. Remands for further proceedings.

Paula Hercamp, Kyle Hercamp, and Matthew Hercamp v. Justin M. Pyle, State Farm Mutual Automobile Insurance Company, Enterprise Leasing Company of Indianapolis, LLC and EAN Holdings, LLC (mem. dec.)
18A-CT-2958
Civil tort. Affirms the Jackson Superior Court’s separate entries of summary judgment for EAN Holdings, LLC and Enterprise Leasing Company of Indianapolis, LLC against Paula, Kyle and Matthew Hercamp. Finds the trial court did not err in granting EAN’s and Enterprise’s motions for summary judgment.

Michael Laroy McCullough, Jr. v. State of Indiana (mem. dec.)
19A-CR-1005
Criminal. Affirms the revocation of Michael McCullough Jr.’s probation and imposition of his previously suspended six-year sentence. Finds the Jasper Superior Court did not abuse its discretion.

Ryan Matthew Hart v. R.D. (mem. dec.)
19A-PO-579
Protective order. Affirms the Vanderburgh Superior Court’s entry of a protective order issued against Ryan Hart and in favor of R.D. Finds sufficient evidence proves that domestic or family violence occurred sufficient to justify the issuance of the protective order.

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