Opinions

Indiana Court of Appeals
Clorissa Williams v. James Williams
24A-DR-726
Domestic relations with children. Affirms Marion Superior Court Magistrate Beth Jansen’s order awarded James Williams primary physical custody of J.W. Finds that ith the exception of Finding 20, the findings that Clorissa Williams challenges are not clearly erroneous. Also finds because those findings and others support the dissolution court’s conclusion that the child relocating with the mother to Ohio was not in the child’s best interest, the dissolution court did not clearly err by granting the father primary physical custody of the child. Judge Stephen Scheele dissents with a separate opinion. Attorneys for appellant: Alexander Moseley, Adrian Deneen. Attorney for appellee: Angela Trapp.

Indiana Court of Appeals
Erie Insurance Exchange v. State Farm Mutual Automobile Insurance Company
24A-CT-2747
Civil tort. Reverses Howard Superior Court Judge Matthew Elkin’s order of partial summary judgment in favor of State Farm and, instead, order the trial court to issue an order granting Erie Insurance Exchange’s motion for partial summary judgment. Finds that when the Indiana Legislature enacted specific priority rules for bailees under Indiana Code § 27-8-9-11, courts must not attempt to parse competing “other insurance” clauses that are functionally identical but use different terminology. Also finds courts are bound to follow the statute when multiple policies offering the same type of coverage conflict. Remands for further proceedings. Attorneys for appellant: Jonathan Bucher, Kevin Lichtenberger. Attorneys for appellee: Mark Alderfer, Christopher Appel.

Indiana Court of Appeals
In re: the Visitation of J.R.H. (Minor Child), Michelle K. Deaton-Hedge and Scott P. Hedge (Maternal Grandparents and Adoptive Parents) v. Dale Hartlerode (Paternal Grandfather)
24A-MI-3083
Miscellaneous. Affirms Scott Superior Court Special Judge Bradley Jacobs’ order granting Dale Hartlerode grandparent visitation with J.R.H. Finds the maternal grandparents were equitably estopped from challenging the paternal grandfather’s petition for grandparent visitation. Attorney for appellants: Joseph Payne. Attorney for appellee: Larry Wilder.

Indiana Court of Appeals
Paul Oliver v. FLH Mill, LLC and Jeremy Ferree
24A-CT-938
Civil tort. Affirms the Greene Superior Court’s denial of Paul Oliver’s request to garnish Jeremy Ferree’s wages and accounts, but reverses Special Judge Robert Cline’s order to set aside the default judgment as to the criminal conversion count as well as the trial court’s order for Ferree to pay $100 per week toward the judgment amount. Remands with instructions for the trial court to reinstate the full judgment and to order Ferree to pay a reasonable periodic amount toward the judgment that is supported by the evidence and Indiana Code section 24-4.5-5- 105. Attorneys for appellant: Adam Doerr, Kevin Koons, Lucas Rowe. Attorney for appellees: Scott Racop.

Indiana Court of Appeals
Enoch J. Frank v. Monica S. Frank
24A-DN-2572
Domestic relations without children. Affirms Marion Superior Court Magistrate Tara Melton’s order that Enoch Frank pay Monica Frank $5,000 per month in provisional spousal maintenance and $25,000 in preliminary attorneys’ fees and litigation costs. Finds the trial court’s order requiring husband to pay provisional spousal maintenance and attorneys’ fees to wife was not against the logic and effects of the facts and circumstances. Also finds the trial court did not abuse its discretion. Attorneys for appellant: Bryan Ciyou, Anne Lowe. Attorney for appellee: Andrew Soshnick.

Indiana Supreme Court
South Bend Community School Corporation v. Connie Grabowski
24S-CT-395
Civil tort. Reverses the St. Joseph Circuit Court entry of judgment for Connie Grabowski and remands with instructions to enter judgment for the South Bend Community School Corporation. Finds there is no evidence that the employer discharged the employee solely to avoid workers’ compensation liability. Also finds that this case should not have gone to the jury. Justice Christopher Goff dissents with separate opinion in which Justice Derek Molter joins as to part I.C. Attorneys for appellant: John Maley, Peter Rusthoven, Michael Palmer, Benjamin Perry. Attorney for appellee: Patrick O’Leary.

7th Circuit Court of Appeals
Eric D. Holmes v. Marion County Sheriff’s Office
22-3032
Prisoner. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker. Affirms the district court’s dismissal of Eric Holmes lawsuit against the Marion County Sheriff’s Office, where Holmes alleged he had been unlawfully imprisoned in violation of the 14th Amendment. Finds the court dismissed the case for failure to state a claim in part because of judicial immunity clear from the face of the complaint. Attorneys for appellant: Easha Anand, Rosalind Dillon, Elena Meth, George Mills. Amicus curiae: Darren Craig, Anthony Overholt.

Indiana Court of Appeals
Darmon Y. Farral v. State of Indiana
24A-CR-2359
Criminal. Affirms Darmon Farral’s conviction in Marion Superior Court of a Class A misdemeanor resisting law enforcement charge. Finds sufficient evidence supports Farral’s conviction for resisting law enforcement, as he was ordered to stop before fleeing. Does not address Farral’s request for an advisory opinion as to the rejected sentencing agreement. Attorney for appellant: Steven Halbert. Attorneys for appellee: Attorney General Todd Rokita, Jesse Drum.

Indiana Supreme Court
State of Indiana ex rel. Gary Thoe, et al. v. Marion Superior Court 5 and the Honorable John M.T. Chavis
25S-OR-90
Original actions. Withdraws Mayhill v. Thoe, a lawsuit filed By John Mayhill, from Marion Superior Court Judge John Chavis and appoints Marion Superior Court Judge Kurt Eisgruber as special judge for the case. Finds this matter should have been withdrawn from the trial judge under Trial Rule 53.1, which empowers the Supreme Court to withdraw a case from a trial judge and appoint a special judge if the trial court fails to rule on a motion by the prescribed deadlines. Dismisses original action as moot. Chief Justice Loretta Rush did not participate in the decision of this matter. Attorneys for relators: Mark Crandley, Raegan Gibson. Attorney for opposing party: Mark Waterfill. Attorneys for State of Indiana: Attorney General Todd Rokita, Angela Sanchez. Pro se respondent: Judge John Chavis.

Indiana Court of Appeals
Jonathan Maw v. Elizabeth Pringle
24A-DC-2740
Domestic relations with children. Affirms Putnam Circuit Court Judge Matthew Headley’s denial of Jonathan Maw’s request for parenting time. Finds the father’s failure to provide a record of the parenting time hearing waives his evidence-related arguments, and he fails to show the trial court abused its discretion by denying his request for parenting time. Appellant pro se: Jonathan Maw. No attorney listed for appellee.

Indiana Court of Appeals
Olthof Homes, LLC d/b/a Olthof Homes v. Town of Chesterton, Indiana, a municipal corporation, and Town of Chesterton Storm Water Management Board
24A-MI-1944
Miscellaneous. Reverses Porter Superior Court Judge Mary DeBoer’s order granting summary judgment for the Town of Chesterton and the town’s storm water management board after Olthof Homes, LLC appealed the town’s fine of  $100,000 for violations of the town’s storm-water-management ordinances. Finds that while the town has the authority to make violations of Section 24-53 and 24-58 punishable by fines of up to $2,500 or $7,500, it must do so clearly, and it hasn’t. Also finds the board erred by determining that it had the option of imposing those higher fines. Remands and directs the trial court to grant summary judgment for Olthof Homes and remand the matter to the storm water board for a redetermination of the fine. Attorney for appellant: Greg Bouwer. Attorneys for appellee: Charles Parkinson, L. Charles Lukmann, III, Connor Nolan.

Indiana Court of Appeals
In the Matter of the Estate of William E. Singleton, Deceased, Bobbe J. Singleton v. The National Bank of Indianapolis, in its capacity as Personal Representative of the Estate of William E. Singleton
24A-EU-685
Estate unsupervised. Affirms Johnson Superior Court Judge Kevin Barton’s ’s denial of Bobbe Singleton’s motion to elect against the will of her late husband, William E. Singleton, and its denial of her motion to correct error. Finds the trial court’s May 8, 2017, order made the necessary findings to admit William’s will to probate, even though the order did not use the word “admit.” Appellant’s attorney: Curtis E. Shirley. Appellee’s attorney: Mark J. Crandley, Barnes & Thornburg

Indiana Court of Appeals
Simon Property Group, L.P., a/k/a Simon Property Group, Inc., et. al. v. Kaya P.R. Stewart, et.al.
24A-CT-1700
Civil tort. Affirms Marion Superior Court Judge Christina Klineman’s order denying the motions of Simon Property Group and Universal Protection Service to dismiss the complaint filed by Kaya P.R. Stewart, Eumeka R. Stewart, and Samuel Stewart III in their individual capacities, and Eumeka R. Stewart and Samuel Stewart II, as Parents and Legal Guardians of O.S. in a case involving a mass shooting that occurred at the Greenwood Park Mall in July 2022. Finds the appellate court rejects Universal’s narrow characterization of the plaintiffs’ claims against it. Also finds that, at this stage of the proceedings and without the benefit of completed discovery, the trial court did not err in denying Universal’s motion to dismiss. Attorneys for appellants: Wayne Turner, Michael Limrick, Melissa Murphy-Petros, Justin Hazlett, Joseph Macha. Attorneys for appellees: Gabriel Hawkins, Gregory Laker, Andrea Simmons.

Indiana Court of Appeals
Eliezer Areche v. Indianapolis Department of Public Works, City of Indianapolis, United States Postal Service, et al.
24A-CT-2672
Civil tort. Affirms Marion Superior Court Magistrate Ian Stewart’s granting of the City of Indianapolis’ motion for summary judgment after Eliezer Areche filed a negligence action against several defendants, including the city. Finds that Areche’s ordinance violation did constitute negligence per se, and, because negligence claims against governmental entities are specifically exempted from the Comparative Fault Act, Areche’s claim is barred by the common-law defense of contributory negligence. Judge Stephen Scheele dissents with a separate opinion. Attorneys for appellant: Michael Simmons, Hannah Brady, Georgianna Tutwiler. Attorneys for appellees: Patrick Devine, Jennifer Kalas, Brandon Newhart, Catherine Basque Weiler.

Indiana Court of Appeals
Alfred Williams Comer, Jr. v. State of Indiana
24A-CR-1832
Criminal.  Affirms Lake County Superior Court Magistrate Kathleen Sullivan’s denial of Alfred Comer Jr.’s motion that the trial court should have applied 1,376 days of credit to reduce his fixed term of 60 years imprisonment after his murder conviction. Finds the trial court did not abuse its discretion by finding Comer already received credit for presentence incarceration and good time credit and was not entitled to any reduction in his fixed term of imprisonment. Appellant pro se: Alfred Comer, Jr. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Courtney Staton.

Indiana Supreme Court
EdgeRock Development, LLC, ZPS Westfield, LLC, and First Bank Richmond v. C.H. Garmong & Son, Inc., Signworks, Inc., and Fox Contractors Corp.
24S-PL-184
Civil plenary. Affirms the Indiana Court of Appeals’ ruling that that the Hamilton Superior Court did not err in concluding that factual disputes precluded summary judgment on EdgeRock’s claim that Change Order #3 was invalid because it was not approved in writing. Also finds that the trial court did not err in granting Garmong’s summary judgment motion (and denying EdgeRock’s competing summary judgment motion) on EdgeRock’s claim that it was entitled to a credit for amounts owed under the Garmong contract for work related to the 175th Street Project and the drain relocation. Also affirms the appellate court’s reversal of the Hamilton Superior Court’s award to EdgeRock of the road impact fees and instructs the trial court to distribute the funds consistent with the outcome of related litigation in the Hamilton County Commercial Court. Also finds that First Bank is entitled to recover attorney fees from EdgeRock. Remands for the trial court to amend the judgment consistent with this opinion. Attorneys for appellants: Maggie Smith, Darren Craig, Nathaniel Uhl, Jenny Buchheit, Adam Alexander, Scott Fandre, David Johnson, Bryan Babb, James Carlberg, Nathan Danielson, Ronald Cross. Attorneys for appellees: Peter French, Jeffrey Stemerick, Neil Peluchette, Robert Eherenman.

7^th Circuit Court of Appeals
Steven Lindsey v. Ron Neal
23-2789
Prisoner. Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Theresa Springmann. Vacates the district court’s judgment dismissing Steven Lindsey’s post-conviction relief petition and remands for further proceedings. Finds that Indiana’s postconviction remedies proved to be ineffective for Lindsey and thus that he is excused from § 2254’s exhaustion requirement. Attorneys for appellant: Samuel Lioi, David Wreesman. Attorneys for appellee: Jesse Drum, Sierra Murray.

Indiana Court of Appeals
H.R. v. M.R.
25A-PO-17
Protective order.  Reverses Scott Circuit Court Magistrate Alison Frazier’s protective order against H.R. Finds the record contains no evidence that H.R. ever harmed or threatened to harm M.R. or that he represents a present credible threat to her safety. Also finds that H.R. has met his burden to establish prima facie error. Attorneys for appellant: Bryan Ciyou, Anne Lowe. No attorney listed for appellee.

Indiana Court of Appeals
Bernard L. McGuire v. State of Indiana
24A-CR-2491
Criminal. Finds no error in Marion Superior Court Judge Marie Kern attaching a firearm enhancement to Bernard McGuire’s attempted murder conviction. Also finds that McGuire’s attempted murder and aggravated battery convictions constitute double jeopardy. Remands with instructions that the lesser included offense of aggravated battery be vacated. Attorney for appellant: Denise Turner. Attorneys for appellee: Attorney General Todd Rokita, Supervising Deputy Attorney General Justin Roebel.

Indiana Court of Appeals
Monty Dale Maze v. State of Indiana
24A-CR-2596
Criminal. Reverses Monty Maze’s conviction in Sullivan Superior Court of a Class B misdemeanor for harboring a non-immunized dog. Finds the trial court failed to conduct a proper indigency hearing when denying Maze’s request to appoint him trial counsel. Also finds there was inadequate inquiry into Maze’s necessary expenses, particularly in light of evidence he needed the money to support himself and a dependent. Remands for further proceedings. Attorney for appellant: Ruth Johnson. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Sierra Murray.