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Indiana Court of Appeals
Michael Watters v. Brandi Cole
No. 25A-CT-1703

Civil. Appeal from the Franklin Circuit Court, Judge Alex J. Dudley. Affirms the trial court’s judgment in favor of Cole. Holds the trial court did not clearly err in finding Watters made fraudulent misrepresentations, including falsely claiming extensive experience in the pool industry and failing to disclose material facts about subcontracting, which Cole relied upon in entering the contract; the court further concludes the trial court properly pierced the corporate veil because Allure Pools was undercapitalized, used to promote fraud or injustice and had no assets, making it equitable to hold Watters personally liable. Judge May authored the opinion. Judges Mathias and Felix concur. Appellant’s attorneys: Taylor Ferguson, Andrew Dutkanych III, Indianapolis, Indiana. Appellee’s attorney: Joseph M. Sprafka III, Reardon & Chasar, LPA, Cincinnati, Ohio.

This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.

The following opinion was issued on March 31 after The Indiana Lawyer’s deadline. 

Indiana Tax Court
New Cingular Wireless PCS, LLC v. Indiana Department of State Revenue
No. 24T-TA-00004

Tax. Appeal from the Indiana Department of State Revenue. Grants in part and denies in part the parties’ cross-motions for summary judgment. Holds that under Indiana Code § 6-2.5-5-13, the phrase “radio or microwave transmitting or receiving equipment” includes cell phones based on its plain and ordinary meaning, and rejects the Department’s attempt to limit the exemption to central network infrastructure or equipment under the provider’s custody and control; the court further concludes New Cingular qualifies as the “person acquiring the property” for purposes of the exemption because the relevant acquisition is its purchase of the phones from suppliers, making its use of the phones exempt from use tax, but denies summary judgment on the refund amount due to unresolved factual issues. Judge McAdam authored the opinion. Petitioner’s attorney: Benjamin Blair, Faegre Drinker Biddle & Reath LLP, Indianapolis, Indiana. Respondent’s attorneys: Office of the Indiana Attorney General.

This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.

Indiana Court of Appeals
Travis S. Chandler v. State of Indiana
No. 25A-CR-2553

Criminal. Appeal from the Brown Circuit Court, Judge Mary Wertz. Affirms the denial of Chandler’s petition to file a belated appeal and remands with instructions to permit a belated notice of appeal. Holds the trial court did not abuse its discretion in denying relief under Post-Conviction Rule 2 because belated appeals are not available for probation revocation orders under controlling Indiana Supreme Court precedent; however, concludes extraordinarily compelling reasons justify resurrecting Chandler’s forfeited appeal where he timely communicated his desire to appeal, the failure resulted from counsel not hearing him, and he acted diligently once the issue was discovered. Judge Felix authored the opinion. Judges May and Mathias concur. Appellant’s attorney: Kurt A. Young, Nashville, Indiana. Appellee’s attorneys: Office of the Indiana Attorney General.

This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.