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Court splits over whether approval of entire contract must be voided

Chief Judge Margret Robb dissented from her colleagues on the Court of Appeals Tuesday as to whether approval of a contract for the purchase and sale of substitute natural gas must be voided in its entirety because the contract definition of “retail end use customer” differs from the statutory definition.

Agency erred in adjusting experience account rates after merger

The Indiana Court of Appeals has ordered the Department of Workforce Development to reinstate the original contribution rates for unemployment insurance experience accounts of a parent company and its subsidiaries. The DWD should not have combined the accounts and adjusted the rates following a merger.

COA affirms $550,000 med mal verdict; denies appellate attorney fees

A Lake Superior judge did not err when he allowed a witness to testify on behalf of the party bringing a medical malpractice complaint against a doctor nor in excluding the testimony of the doctor’s expert witness due to untimely disclosure, the Indiana Court of Appeals held Tuesday.

Judges affirm decision in familial dispute over insurance funds

When Nathaniel Kappel died, it led to a dispute in the family as to who is entitled to insurance payouts on policies that Nathaniel Kappel and his brother William took out on each other in 1996. The Court of Appeals agreed with the probate court that Nathaniel Kappel’s estate is not entitled to funds from either man’s policy.

Judge approves $90M for Anthem plaintiffs

A federal judge has approved the largest class-action settlement to come out of an Indianapolis court, paying $90 million to former Anthem Inc. policyholders.

Opinions Oct. 29, 2012 ILD

The following are not-for-publication opinions released by IL deadline.

Indiana Court of Appeals
Aaron Shelton v. State of Indiana (NFP)
02A05-1112-CR-665
Criminal. Affirms convictions of one count of possession of methamphetamine and two counts of possession of a controlled substance, all Class D felonies.

Cheryl E. Webb f/k/a Cheryl E. Wilder and G. Cameron Taylor v. The Bank of New York Mellon (NFP)
49A02-1112-MF-1142
Mortgage foreclosure. Affirms order denying Wilder’s and Taylor’s motion for summary judgment and the grant of summary judgment in favor of the bank. Remands with instructions that the trial court recalculate the amount to award to the bank consistent with this opinion. Chief Judge Margret Robb dissents.
 

Opinions Oct. 29, 2012

Indiana Court of Appeals
Betty J. Angel v. Kent H. Powelson and Marjorie A. Powelson
82A04-1205-PL-292
Civil plenary. Affirms order granting part of the Powelsons’ summary judgment motion on Angel’s claims of reformation of a deed and adverse possession. The undisputed evidence shows that both Angel and the Powelsons were granted an easement to use the roadway and both used it for ingress and egress purposes. The evidence also supports Angel’s claim for reformation of a deed is barred by laches.

Judges amend man’s convictions due to double jeopardy violations

Because the state relied on the same evidence to convict a Marion County man of three domestic battery or battery charges, the Indiana Court of Appeals vacated two misdemeanors. The judges also found no fundamental error in his sentencing or by the prosecutor during trial.

Justices take suit involving tort claim notice

The Indiana Supreme Court will hear a case that divided the Court of Appeals on whether the victims in a car accident failed to provide notice to a government-funded agency under the Indiana Tort Claims Act.

Woman’s claim for reformation of deed fails

A Vanderburgh County woman who filed a lawsuit for reformation of a deed 46 years after receiving the warranty deed lost her appeal of a trial court ruling in favor of neighboring property owners.

Opinions Oct. 26, 2012 ILD

Indiana Supreme Court and Indiana Tax Court released no opinions by IL deadline Friday.

U.S. 7th Circuit Court of Appeals released no Indiana opinions by IL deadline Friday.

Indiana Court of Appeals
In Re the Involuntary Term. of the Parent-Child Rel. of A.P.: T.P. v. The Indiana Dept. of Child Services and Child Advocates, Inc. (NFP)
49A02-1201-JT-28
Juvenile termination of parental rights. Affirms termination of father’s parental rights.

Dennis Adkins v. Judy Saunders, Individually and d/b/a Prevention and More Herbs (NFP)
68A04-1203-CT-103
Civil tort. Affirms trial court’s grant of summary judgment and award of attorney fees in favor of Saunders and the business on Adkins’ negligence claim.

Matt D. Niblick v. State of Indiana (NFP)
90A04-1203-CR-132
Criminal. Affirms sentence for one count of Class B felony dealing in methamphetamine.

Melissa Krodel v. Douglas Krodel (NFP)
55A01-1201-DR-34
Domestic relation. Affirms award of physical and legal custody of minor children to father.

V.R. v. State of Indiana (NFP)
49A04-1204-JS-187
Juvenile. Affirms evidence was sufficient to support V.R.’s delinquency adjudication for truancy.

Zane Ziebell v. South Milford Grain Company (NFP)
57A03-1203-CC-89
Civil collection. Affirms denial of Ziebell’s motion for relief from summary judgment in favor of South Milford Grain Co. on its complaint against Ziebewll for $15,000 in damages.

Gilbert Brown v. State of Indiana (NFP)
49A02-1204-CR-254
Criminal. Affirms conviction of two counts of Class A misdemeanor battery.

Charles Chulchian v. Rivoli Center for the Performing Arts, Inc., and Indianapolis Eastside Revitalization Corp. (NFP)
49A02-1205-PL-435
Civil Plenary. Dismisses interlocutory appeal of the denial of Chulchian’s verified motion to reconsider or motion to correct errors.

Nyunt Shew v. State of Indiana (NFP)
02A03-1203-CR-134
Criminal. Affirms sentence for Class B felony aggravated battery.
 

Opponent’s claims against judge regarding killer result in disciplinary charges

The woman challenging Franklin Circuit Judge Steven Cox for his job faces seven disciplinary charges over statements attributed to her about the judge’s release of a prisoner who a year later killed five people, according to a statement Friday from the Indiana Judicial Qualifications Commission. The commission has asked for a public hearing on the charges.