Articles

COA upholds reversal of award for attorney fees

Subcontractors successful in their dispute against the general contractor over the construction of a northern Indiana IMAX movie theater are not entitled to attorney fees, the Indiana Court of Appeals has reaffirmed.

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On 3-2 vote, justices deny transfer in Camp Tecumseh case

Litigation over a proposed large-scale hog farm opposed by a neighboring YMCA camp in northern Indiana won’t be reviewed by the Indiana Supreme Court. Justices decided last week in a 3-2 decision to deny transfer on the issue of where the case should be heard.

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Opinions Dec. 12, 2014

Indiana Court of Appeals
Central Mutual Insurance Company v. Motorists Mutual Insurance Company
49A04-1405-CT-214
Civil tort. Affirms on interlocutory appeal the trial court order denying Central’s motion for partial summary judgment and granting Motorists’ motion for partial summary judgment. The trial court did not err in finding that Central provided primary coverage to a truck driver injured in a crash and that the Motorists policy provided excess coverage only when the limits of the Central policy had been reached.

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Opinions Dec. 11, 2014 ILD

Indiana Court of Appeals
Larry Woods v. State of Indiana (NFP)
49A02-1405-CR-327
Criminal. Affirms conviction of Class A felony child molesting.

Keaton J. Miller v. Ryan Blackburn (NFP)
33A01-1407-SC-290
Small claim. Reverses trial court and finds that Miller is entitled to 12 months of back rental payments and late fees from Blackburn.

Timothy Wellbaugh v. State of Indiana (NFP)
49A02-1404-CR-271
Criminal. Remands for the trial court to assess Wellbaugh’s ability, if any, to pay the public defender fee.

In the Matter of the Termination of the Parent-Child Relationship of: B.B. and M.B. v. The Ind. Dept. of Child Services (NFP)
49A04-1404-JT-149
Juvenile. Affirms involuntary termination of parental rights.

Antwoine Young v. State of Indiana (NFP)
49A04-1405-PC-217
Post conviction. Affirms denial of petition for post-conviction relief.

Anthony Walls v. State of Indiana (NFP)
49A02-1405-CR-345
Criminal. Affirms conviction of Class D felony criminal recklessness.

Jeffrey S. Taylor v. State of Indiana (NFP)
18A02-1404-CR-266
Criminal.  Affirms order that Taylor serve his previously suspended four-year sentence in the Department of Correction following his probation revocation.

Angela L. Blair v. State of Indiana (NFP)
03A01-1403-CR-132
Criminal. Affirms convictions of two counts of Class A misdemeanor possession of paraphernalia and one count of Class A misdemeanor conversion.

Benjamin T. Haines v. State of Indiana (NFP)
01A02-1407-CR-454
Criminal. Affirms revocation of probation and order Haines serve his previously suspended sentence.

Maron Jackson v. State of Indiana (NFP)
49A02-1405-CR-296
Criminal. Affirms conviction and sentence for murder.

D.B. v. State of Indiana (NFP)
49A02-1406-JV-376
Juvenile.  Affirms order committing D.B. to the Department of Correction for a delinquent act that would be Class B felony burglary and Class D felony theft if committed by an adult, and the restitution order.

Jason D. Brown v. State of Indiana (NFP)
82A05-1403-CR-109
Criminal. Affirms conviction of Class A misdemeanor pointing an unloaded firearm at another person.

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Opinions Dec. 11, 2014

7th Circuit Court of Appeals
Kevin L. Harold v. Christopher C. Steel and Peters & Steel LLC
14-1875
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Affirms dismissal of Harold’s lawsuit under the Fair Debt Collection Practices Act, contending Steel and his law firm had violated 15 U.S.C. Section 1692e by making false statements. Harold sought to challenge a garnishment order entered in state court. The Rooker-Feldmen doctrine bars his lawsuit.

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