Articles

Court rules in favor of hospital in contract dispute

A Lake County medical center prevailed in an appeal filed by the other party in a contract to provide anesthesiology services for patients. The Indiana Court of Appeals affirmed summary judgment in favor of the hospital on several breach of contract claims.

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Opinions Feb. 3, 2015 ILD

Indiana Court of Appeals
Chris Schumacher v. Theresa Martin-Schumacher (mem. dec.)
88A01-1407-MI-285
Miscellaneous. Affirms order declaring the Schumachers were not married as a result of their wedding ceremony and they both have the status of single persons.

Andrew Wedge v. State of Indiana (mem. dec.)
82A01-1403-CR-143
Criminal. Affirms conviction of Class B felony manufacture of methamphetamine.

Mark A. Kimmel v. State of Indiana (mem. dec.)
51A05-1407-CR-351
Criminal. Affirms Class D felony theft conviction.

In the Matter of the Termination of the Parent-Child Relationship of: A.W. (Minor Child) and A.W. (Mother) v. The Indiana Department of Child Services (mem. dec.)
50A03-1406-JT-221
Juvenile. Affirms involuntary termination of parental rights.

In Re: the Paternity of D.Y.E., M.D. (Father) v. A.G. (Mother) (mem. dec.)
64A03-1408-JP-289
Juvenile. Affirms order imposing a short period of supervised parenting time before father could exercise parenting time pursuant to the Indiana Parenting Time Guidelines.

Fabian Gomez v. State of Indiana (mem. dec.)
45A03-1405-PC-145
Post conviction. Affirms denial of petition for post-conviction relief.

Travis J. Monroe v. State of Indiana (mem. dec.)
03A04-1408-CR-368
Criminal. Affirms conviction of Class A misdemeanor possession of paraphernalia.

Everett Harry Koonce, Jr. v. State of Indiana (mem. dec.)
45A03-1405-CR-184
Criminal. Affirms sentence for Class C felony attempted battery by means of a deadly weapon.

Julie Wright v. State of Indiana (mem. dec.)
49A02-1406-CR-392
Criminal. Affirms conviction of Class A misdemeanor conversion.

In the Matter of the Termination of the Parent-Child Relationship of: T.P., K.P., and D.P., minor children, and D.S., Mother, and B.P., Father v. The Indiana Department of Child Services (mem. dec.)

53A01-1408-JT-337
Juvenile. Affirms termination of parental rights.
 

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Opinions Feb. 3, 2015

Indiana Court of Appeals
Nick Hunckler v. Air Sorce-1, Inc., Timothy Miller and Kelly A. Brannen
84A01-1405-CT-217
Civil tort. Reverses summary judgment in favor of the defendants on Hunckler’s personal injury claim. There are material issues of fact that exist and therefore preclude any grant of summary judgment that determined Miller was not liable by virtue of his position as an officer of the corporation as that would be erroneous. Remands for further proceedings. Judge Robb concurs in result with opinion.

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COA reverses conviction based on unreasonable police search

A police officer had no reasonable suspicion to believe that a container found in a man’s pocket during an arrest held any illegal substances, the Indiana Court of Appeals ruled Tuesday. As such, it reversed his Class D felony possession of schedule III controlled substance conviction, ruling it violated the Indiana Constitution.

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