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Court of Appeals of Indiana
Professional Construction Inc., and West Bend Mutual Insurance Company v. Historic Walnut Square LLC
23A-PL-654
Civil plenary. Reverses the Marion Superior Court’s denial of Professional Construction Inc. and West Bend Mutual Insurance Company’s motion to enforce an arbitration agreement and stay litigation in a lawsuit brought by Historic Walnut Square, LLC. Finds the trial court erred in determining that the contractor waived its right to demand arbitration and in refusing to stay the proceedings pending arbitration. Remands with instructions for the trial court to stay the litigation pending arbitration.

The following Indiana Tax Court opinion was published after Indiana Lawyer’s deadline Friday:
Muir Woods Section One Assn., Inc., Muir Woods, Inc., Spruce Knoll Homeowners Assoc., Inc., and Oakmont Homeowners Assoc., Inc. v. Marion County Assessor
22T-TA-1
Tax. Grants the Marion County Assessor’s motion to dismiss. Finds the Indiana Tax Court lacks subject matter jurisdiction to hear the appeal. Also finds the Muir Woods Section One Assn., Inc., Muir Woods, Inc., Spruce Knoll Homeowners Assn., Inc. and Oakmont Homeowners Assoc. initiated an appeal before they consummated the administrative review process and received a final determination from the Indiana Board of Tax Review. Remands the matter to the tax review board for action consistent with the opinion.

Court of Appeals of Indiana
Justin Mercer v. Maribel Vega-Jimenez (mem. dec.)
23A-DC-993
Domestic relations with children. Affirms the Newton Superior Court’s order granting Maribel Vega-Jimenez’s request to modify parenting time. Finds the trial court did not abuse its discretion because it implicitly found modification was in the children’s best interests when it indicated Vega-Jimenez met her burden to modify the parenting time schedule.