Opinions Oct. 26, 2021

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Indiana Court of Appeals

Jason Gay v. Monroe County Community School Corporation (mem. dec.)
Civil plenary. Affirms the Monroe Circuit Court’s grant of summary judgment to the Monroe County Community School Corporation over its removal of trees near Jason Gay’s property. Finds the designated evidence indicates that no genuine issue of material fact existed and that MCCSC is entitled to judgment as a matter of law regarding its boundary dispute with Gay. Also finds the trial court properly entered summary judgment for MCCSC.

Tammy Kossifos v. Pete Mamounas Incorporated d/b/a Sunset of Portage, PEK, Inc., George Mamounas, Kathy Mamounas, and Ray Kupiec (mem. dec.)
Civil tort. Affirms the Porter Superior Court’s decision to strike Tammy Kossifos’s designated evidence in a dispute with Pete Mamounas Incorporated d/b/a Sunsent of Portage, PEK Inc., George Mamounas, Kathy Mamounas and Ray Kupiec. Finds the trial court did not err by complying with Trial Rule 56(C) and the bright-line rule that a response to a motion for summary judgment muyst be filed within 30 days of hte date the motion was filed.

James Anthony Miller v. State of Indiana (mem. dec.)
Criminal. Affirms Jason Miller’s conviction for Level 2 felony dealing in methamphetamine. Finds unavailing his challenge to the sufficiency of the evidence and his argument that he was acting as a police agent by being a confidential informant. However, reverses Miller’s conviction for Level 3 felony possession of methamphetamine because it violates double jeopardy. Remands to vacate that conviction.

Robert Kadrovach v. Anonymous Health Care Providers (mem. dec.)
Miscellaneous. Affirms the Marion Superior Court’s denial of Robert Kadrovach’s motion for relief from judgment after his medical malpractice claim against Anonymous Health Care Providers was dismissed as time-barred. Finds Kadrovach missed his window for a direct appeal when he filed his Trial Rule 60(B) motion approximately one week after the deadline for filing a timely direct appeal expired.

Pfaff Concrete LLC v. Tyler Thompson and Stacy Thompson (mem. dec.)
Civil plenary. Affirms the Monroe Circuit Court’s grant of default judgment to Tyler and Stacy Thompson against Pfaff Concrete LLC after Pfaff did not file a response to the Thompsons’ complaint within the required time. Also affirms its denial of Pfaff’s motion to correct error and alternative motion for relief from default judgment. Finds Pfaff failed to set forth a meritorious defense, and the trial court did not abuse its discretion.

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