Opinions Sept. 27, 2022

Keywords Opinions

Court of Appeals of Indiana
Jason Morehouse and Sarah Morehouse v. Dux North LLC
22A-PL-664
Civil plenary. Reverses summary judgment granted to Dux North on an easement of prior use over real property owned by Jason Morehouse and Sarah Morehouse. Also reverses the denial of the Morehouses’ motion for partial summary judgment on the alleged easement of necessity. Finds Dux North was required to designate evidence to show that an access road is absolutely necessary to access Parcel 3, which it did not do. Finds the designated evidence also does not show whether the access road either was or was not in use at the time that Parcel 3 was severed from the Morehouse property in April 1991. Remands for further proceedings.

Edward Eggers v. CSX Transportation Inc. (mem. dec.)
22A-CT-00033
Civil tort. Affirms Marion Superior Court’s entry of summary judgment for CSX Transportation against Edward Eggers, who alleged negligence under the Federal Employers’ Liability Act. Finds CSX has met its burden to affirmatively negate the element of causation.

Ashley R. Phifer v. Hesita Rela Estate LLC, Sherbon LLC and John Sherby (mem. dec.)
22A-CT-683
Civil tort. Affirms the Marion Superior Court properly struck Ashley Phifer’s exhibits E and G and properly entered summary judgment for John Sherby in his personal capacity. Finds the trial court erred when it concluded that the remaining appellees are entitled to summary judgment. Finds the landlord owed a duty to Phifer and her children, and whether they breached that duty is a genuine issue of material fact that precludes the entry of summary judgment. Reverses the trial court’s entry of summary judgment for the landlord appellees and remands for further proceedings consistent with opinion.

Crystal R. McClintic v. State of Indiana (mem. dec.)
22A-CR-776.
Criminal. Affirms Crystal McClintic’s aggregate 25-year sentence, with 18 years executed in the Indiana Department of Correction and seven years suspended, with two of those years served on probation, for Level 2 felony dealing in methamphetamine and Level 3 felony dealing in methamphetamine. Finds McClintic has failed to establish that the sentencing is inappropriate in light of the offenses and her character.

Indiana Bureau of Motor Vehicles v. Anna Crouch (mem dec.)
22A-MI-602
Miscellaneous. Reverses the denial of the Indiana Bureau of Motor Vehicles motion to correct error. Voids the court orders regarding Anna Crouch’s driving privileges. Finds the Hendricks Superior Court did not have personal jurisdiction over the BMV. Orders Crouch’s driving privileges be suspended pending a new hearing on her petition for judicial review with adequate service on both the BMV and the Indiana Attorney General.

Timothy Mackall v Kathryn Stuart (mem. dec.)
22A-PO-981
Order of protection. Affirms Marion Superior Court’s orders denying Timothy Mackall’s motion to correct error and motion to dismiss for lack of subject matter jurisdiction in this action involving an order of protection granted in favor of Kathryn Stuart. Finds the Marion Superior Court did not err.

Jeremy Pauley v. State of Indiana (mem. dec.)
22A-CR-1039
Criminal. Affirms Jeremy Pauley’s 25 ½-year sentence for Level 2 felony dealing in methamphetamine, Level 4 felony possession of methamphetamine, two counts of Class B misdemeanor possession of marijuana and two counts of Class C misdemeanor possession of paraphernalia. Finds the Cass Circuit Court didn’t abuse its discretion and the sentence is appropriate.

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