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On The Move – 10/27/10

See who’s recently joined firms, won awards, or been appointed to organizations.

IBF receives $100k; shares 2011 budget

Following the unexpected gift from the Indiana Continuing Legal Education Forum’s governing board of $100,000 to the Indiana Bar Foundation on Oct. 15, leadership for IBF said it is unlikely the foundation will give all of that money to the pro bono districts.

Adult guardians sworn in

A swearing-in ceremony for the first class of the Wishard Volunteer Advocates Program took place Oct. 18 at Indiana University School of Law – Indianapolis.

Courts consider foreclosure issues

To address recent news regarding foreclosures – including a handful of national banks putting holds on foreclosure proceedings regarding their lenders – participants in the foreclosure prevention efforts of the Indiana Supreme Court, including judges in pilot programs around the state for settlement conferences, held a conference call Oct. 19 to address these issues.

Commission on Courts makes recommendations

As the interim legislative calendar wound down to make way for the next Indiana General Assembly session, the Commission on Courts has made recommendations on new court requests and discussed issues that impact funding and structure of statewide trial courts.

Grand jury indicts recycler for racketeering

A Marion County grand jury has returned an eight-count indictment against OmniSource Corp., accusing the metal recycling powerhouse of racketeering and receiving stolen property.

Opinions Oct. 26, 2010

Indiana Court of Appeals
Allstate Insurance Company v. Timothy Clancy, et al.
45A03-0910-CV-498
Civil. Reverses trial court’s order granting a motion to compel the production of documents. In its interlocutory appeal, Allstate Insurance Company raised the following issue: whether the trial court abused its discretion by compelling production of documents subject to the attorney-client privilege on the ground that Allstate has implicitly raised an advice of counsel defense, thereby waiving the attorney-client privilege.

Opinions Oct. 25, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Tyree L. Thomas v. State of Indiana (NFP)
49A02-1002-CR-173
Criminal. Affirms order Thomas serve the remainder of his sentence incarcerated after violating his probation.

Willie Ferrell v. State of Indiana (NFP)
49A02-1004-PC-514
Post conviction. Affirms denial of petition for post-conviction relief.

Parr Richey Obremskey & Morton and Kent M. Frandsen v. Biomet, Inc. (NFP)
43A03-1002-CT-70
Civil tort. Affirms entry of partial summary judgment on duty and breach on Biomet’s complaint for legal malpractice and remands for a trial concerning proximate cause and damages.

Duward T. Roby v. State of Indiana (NFP)
10A01-0910-CR-492
Criminal. Remands with orders to vacate three of Roby’s Class B felony robbery convictions and sentences, and to revise his sentence so the habitual offender finding enhances the sentence for his remaining Class B felony robbery conviction.

Runningman, LLC, v. The Nagsak Company of West Lafayette, Inc., Joshua Nagy and Robert Sak (NFP)
18A02-1003-PL-383
Civil plenary. Affirms dismissal of Runningman’s complaint against The Nagsak Company of West Lafayette, Nagy, and Sak for breach of contract, fraudulent inducement, and violation of the Indiana Franchise Disclosure Act.

David L. Lind and Edward D. Deters v. New Albany Floyd County Dept. of Parks and Recreation (NFP)
22A01-1002-PL-94
Civil plenary. Affirms the use of eminent domain for some of Lind and Deters’ lands for a public park.

Halifax Financial Group, LP v. Capital Imp. Bd. of Mgrs. of Marion Co. and Marion Co. Convention and Recreational Facilities Authority (NFP)
49A02-0912-CV-1291
Civil plenary. Affirms summary judgment for the Capital Improvement Board and the Marion County Convention and Recreational Facilities Authority in Halifax’s suit to recover possession of real estate, removing them from the land, and order the removal of a parking garage built on the land.

S.H.P. v. S.P. (NFP)
49A02-1005-DR-680
Domestic relation. Affirms grant of custody to father S.P.

Rodrigo Medrano, Jr., v. State of Indiana (NFP)
79A05-0912-CR-686
Criminal. Affirms convictions of carrying a handgun while having a prior felony conviction as a Class C felony and possession of marijuana while having a prior conviction as a Class D felony.

The Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted 6 transfers and denied 26 for the week ending Oct. 22.
 

Opinions Oct. 25, 2010

Indiana Court of Appeals
Alesa Pack v. Indiana Family and Social Services Administration
89A05-1004-PL-240
Civil plenary. Reverses denial of Medicaid benefits. The administrative law judge’s decision is defective for failing to consider the totality of the evidence provided and in its presentation of and engagement with the findings of basic fact when applying the law to reach a finding of ultimate fact that Pack’s health conditions didn’t substantially impair her ability to work. Remands to the ALJ for further proceedings.

High court grants 6 transfers

The Indiana Supreme Court took six cases last week, including two cases of first impression before the Indiana Court of Appeals involving attorney’s fees under the Adult Wrongful Death Statute and the modification of a felony conviction to a misdemeanor.

Judges send Medicaid case back for review

The Indiana Court of Appeals remanded a Medicaid benefits denial to the Administrative Law Judge because her decision lacked findings of fact making the case mostly unreviewable by the appellate court.

Opinions Oct. 22, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Belle City Amusements, Inc. v. Doorway Promotions, Inc.
35A05-0912-CV-711
Civil. Reverses award of damages for lost profits for the years 2010 through 2013 in the amount of $17,500 for each year to Doorway after Belle City cancelled its agreement with the company to provide rides and concessions for a festival. The damages were not a foreseeable consequence of the breach of the agreement between Belle City and Doorway and Indiana doesn’t allow for recovery for perceived loss of reputation or goodwill in an action for breach of contract. Affirms $24,000 award to Doorway for the 2009 rent of the Coliseum to house the festival. Remands for further proceedings.

Mickey L. Armstrong v. State of Indiana (NFP)
49A02-1001-CR-21
Criminal. Affirms conviction of robbery as a Class C felony.

Thomas Campbell v. State of Indiana (NFP)
45A03-1002-CR-67
Criminal. Affirms revocation of probation.

Jeremy L. Neal v. State of Indiana (NFP)
45A03-1003-CR-167
Criminal. Affirms sentence following guilty plea to dealing in cocaine as a Class B felony.

William Sebastian, Jr. v. State of Indiana (NFP)
14A01-1001-CR-20
Criminal. Grants petition for rehearing, modifies original decision to further instruct the trial court on remand to indicate on the revocation order and abstract of judgment the number of days that Sebastian was confined prior to the revocation of his probation, and affirms in all other respects.

Asher B. Hill v. State of Indiana (NFP)
49A02-1002-CR-132
Criminal. Affirms revocation of placement in a community corrections work release program.

Ronnie Hanley v. State of Indiana (NFP)
33A01-1001-CR-25
Criminal. Affirms conviction of Class A misdemeanor check deception.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Oct. 22, 2010

Indiana Court of Appeals
Belle City Amusements, Inc. v. Doorway Promotions, Inc.
35A05-0912-CV-711
Civil. Reverses award of damages for lost profits for the years 2010 through 2013 in the amount of $17,500 for each year to Doorway after Belle City cancelled its agreement with the company to provide rides and concessions for a festival. The damages were not a foreseeable consequence of the breach of the agreement between Belle City and Doorway and Indiana doesn’t allow for recovery for perceived loss of reputation or goodwill in an action for breach of contract. Affirms $24,000 award to Doorway for the 2009 rent of the Coliseum to house the festival. Remands for further proceedings.

Juvenile detainees learn about domestic violence

The Marion Superior Court’s Juvenile Detention Center is hosting a series of domestic violence workshops today for children detained in the facility. This is the first time the center has hosted this conference.

Judges hold option to buy real estate valid

The purchaser of real estate through an option executed years earlier didn’t make the option unenforceable against the owner’s estate by not tendering the purchase price when exercising his option to buy the land, the Indiana Court of Appeals concluded today.

COA to visit Rushville, Greencastle

The Indiana Court of Appeals will hear arguments in Rushville and Greencastle next week as part of its “Appeals on Wheels” initiative.

Opinions Oct. 21, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Kelly A. Fisher v. Estate of Robert Fisher, et al..
48A02-1002-EU-197
Estate. Reverses judgment in favor of the personal representatives of the Estate of Robert Fisher. The refund of the premium paid for an annuity, which Robert Fisher purchased in the name of the family limited partnership and later re-titled in his name, is the property of the family limited partnership. Orders the annuity premium refund to be deposited with the Fisher Family Limited Partnership.

Hamrick's Diesel Service & Trailer Repair, LLC v. City of Evansville, by and through its Board of Public Works
82A01-1003-PL-109
Civil plenary. Affirms summary judgment for the City of Evansville and dismissal of Hamrick’s case. Since Hamrick had no right to have its bid considered it cannot sustain a legal claim to have been deprived of a contractual right for which it is entitled to damages from the city.

Term. of Parent-Child Rel. of K.G.; A.G. v. Allen County D.C.S. (NFP)
02A03-1003-JT-341
Juvenile. Affirms termination of parental rights.

William Howard v. State of Indiana (NFP)
49A02-1002-CR-201
Criminal. Affirms conviction of Class C felony burglary.

Gary Parsons v. State of Indiana (NFP)
82A04-1003-PC-196
Post conviction. Affirms denial of petition for post-conviction relief.

Joseph C. Bannon v. State of Indiana (NFP)
29A05-1001-CR-120
Criminal. Affirms sentence following guilty plea to Class D felony attempted obstruction of justice and Class C felony reckless homicide.

Douglas Griffith v. State of Indiana (NFP)
49A02-1003-CR-342
Criminal. Affirms convictions of domestic battery as a Class D felony and battery as a Class A misdemeanor.

Kristina Byers-Escobedo v. State of Indiana (NFP)
71A05-1003-CR-208
Criminal. Affirms conviction of and sentence for Class A felony neglect of a dependent.

Stacy Price v. State of Indiana (NFP)
34A02-1004-CR-366
Criminal. Affirms conviction of Class A felony dealing in cocaine.

J.H. v. Review Board (NFP)
93A02-1005-EX-607
Civil. Affirms the dismissal of J.H.’s appeal before the Review Board of the Indiana Department of Workforce Development.

James Merket v. State of Indiana (NFP)
49A02-1003-CR-331
Criminal. Dismisses appeal of conviction of impersonation of a public servant as a Class D felony since Merket is now deceased.

Indiana Tax Court had posted no opinions at IL deadline.