Opinions

Court of Appeals of Indiana
Khaldoun E. Haddad and Issa E. Haddad v. Properplates, Inc., Manjeet Singh Bhattal, and Jaipal Atwal
21A-PL-2560
Civil plenary. Reverses the Lake Superior Court’s order for arbitration regarding the complaint made by Khaldoun and Issa Haddad against construction contractors Properplates Inc. and the dismissal of the case. Affirms arbitration for Properplates’ counterclaims. Finds the contract between the parties does not compel the Haddads’ claims to arbitration. Remands for the trial court to consider whether to delay arbitration pending the resolution of the Haddads’ claims.

Court of Appeals of Indiana
William F. Braun Milk Hauling, Inc., and Joseph Daugherty v. Peggy Malanoski
22A-CT-333
Civil tort. Affirms the denial of William F. Braun Milk Hauling Inc. and Joseph Daugherty’s motion to dismiss a complaint filed by Peggy Malanoski following a car accident involving Malanoski and a semi-tractor and trailer driven by Daugherty. Finds Malanoski timely filed her complaint in light of the Indiana Supreme Court’s March 13 and 23, 2020, orders that tolled the statutes of limitations in response to the COVID-19 pandemic.

7^th Circuit Court of Appeals
Lelah Jerger, et al. v. Shannon Blaize, et al.
21-3011
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard L. Young.
Civil. Vacates the entry of summary judgment in favor of caseworkers for the Indiana Department of Child Services, who were sued for alleged violations of Fourth and 14^th Amendment rights based on their actions in a case involving Lelah and Jade Jerger and their child, J.J. Finds the Jergers have done enough to create a jury question on whether the DCS defendants violated their and J.J.’s constitutional rights. Also finds neither summary judgment nor qualified immunity is available where the parties dispute facts material to the consent question. Remands.

Court of Appeals of Indiana
John William Rosenbaum, III v. State of Indiana
21A-CR-1409
Criminal. Affirms John William Rosenbaum III’s conviction of Level 3 felony child molesting and Level 4 felony child molesting. Concludes that the Hendricks Superior Court abused its discretion when it admitted V.V.’s consistent recorded pretrial statement, but Rosenbaum failed to establish that his substantial rights were affected as a result. Finds that the trial court did not abuse its discretion when it rejected Rosenbaum’s request to depose his child victim pursuant to a valid statute limiting Rosenbaum’s right to do so.

Indiana Supreme Court
City of Gary v. Jeff Nicholson, et al.
22S-MI-252
Miscellaneous. Grants transfer and dismisses. Finds the plaintiffs lack standing to challenge the city of Gary’s “welcoming ordinance” because they allege no injury. Also finds they do not have public standing. Finally, finds the state’s intervention does not alter the standing analysis. Remands to the Lake Superior Court with instructions to dismiss the action for lack of standing.

Court of Appeals of Indiana
Justin M. James v. State of Indiana (mem. dec.)
21A-CR-2679
Criminal. Affirms the revocation of Justin M. James’ probation. Finds the Bartholomew Circuit Court did not abuse its discretion when it ordered James to serve all remaining suspended time after he violated the terms of his probation. Also finds the trial court did not violate James’ plea agreement when it applied time served to his sentence under F6-287.

Joshua L. Barton v. State of Indiana
21A-CR-2165
Criminal. Affirms Joshua Barton’s convictions of two counts of Level 6 felony nonsupport of a dependent child. Finds the Brown Circuit Court did not abuse its discretion in admitting Barton’s diversion agreement as Exhibit 12, and if it had, any resulting error was harmless.

Court of Appeals of Indiana
Franciscan Alliance Inc., d/b/a Franciscan Physician Network v. Louis S. Metzman, M.D.
21A-PL-2171
Civil plenary. Affirms the Montgomery Circuit Court’s ruling that Franciscan Alliance breached its contract with Dr. Louis S. Metzman when it deducted money from his base compensation for taking unpaid time off and that Metzman is not entitled to performance-based compensation or liquidated damages, as well as the trial court’s rejection of Franciscan’s claim-by-claim approach to the distribution of attorney fees. Finds the term “prevailing party” here refers to a single party — the one in whose favor judgment is rendered, even if not to the extent of the original claim. Concludes while it may not always be appropriate to award full fees to the prevailing party, doing so in this case was not an error.

Court of Appeals of Indiana
Donald Kearschner v. American Family Mutual Insurance Company, S.I.
21A-CT -1888
Civil Tort. Reverses summary judgment granted to American Family Mutual Insurance Co. and remands for further proceedings in Owen Circuit Court. Finds American Family’s policy provision reducing Donald Kearschner’s underinsured motorist policy limit to zero based on the payment he received from worker’s compensation provided less coverage than the state’s underinsured motorist statute, Indiana Code § 27-7-5-2, required and is inconsistent with the view that the UIM Statute is a full-recovery, remedial statute. Concludes Kearschner is entitled to the difference between his underinsured policy limit of $100,000 and the $50,000 he received from the tortfeasor’s insurer.

Court of Appeals of Indiana
Lake County Board of Commissioners v. Lake County Council
21A-MI-1805
Miscellaneous. Affirms the grant of summary judgment for the Lake County Council and the denial of summary judgment for the Lake County Board of Commissioners, and the denial of the commissioners’ motion to correct error, in their dispute over which entity had the statutory authority to act as the county’s purchasing agent and to create a data-processing agency. Finds the Lake Superior Court did not abuse its discretion by denying the commissioners’ motion to correct error as its award of summary judgment in favor of the council was proper.

Court of Appeals of Indiana
Leon Casillas v. State of Indiana
21A-CR-2182
Criminal. Affirms Leon Casillas’ convictions of Level 2 felony dealing in a narcotic drug and Level 6 felony possession of methamphetamine, and the finding that he is a habitual offender. Finds Casillas did not waive his objection to the evidence police discovered after they entered his home. Also finds the Vanderburgh Circuit Court did not err in admitting the evidence found inside Casillas’ house because the facts and circumstances presented to the trial court support its finding that Casillas freely and voluntarily consented to the officers’ entry into his home.

Court of Appeals of Indiana
Jeffrey L. Awbrey v. State of Indiana
21A-CR-2867
Criminal. Reverses Jeffrey L. Awbrey’s conviction of Level 6 felony operating a vehicle while intoxicated. Finds that general testimony from a toxicologist about levels of methamphetamine consistent with those in Awbrey’s blood does not support the inference that Awbrey was impaired. Also finds the state failed to present sufficient evidence of the statutorily required impaired condition of thought and action and the loss of normal control of a person’s faculties. 

Court of Appeals of Indiana
Sophia Danley Edwards (Minor Child), by Next Friend Katherine Danley Glaser and Katherine Danley Glaser v. City of Carmel, Indiana
21A-CT-1823
Civil tort. Affirms the $8,700 award of attorney fees to the city of Carmel against Sophia Danley Edwards by Next Friend Katherine Danley Glaser and Katherine Danley Glaser. Finds the plaintiffs’ public policy argument and their contention that attorney fees award was unreasonable are waived for failure to comply with appellate rules and/or for improper presentation of an issue for the first time before the appellate court. Also awards appellate attorney fees to Carmel. Remands for a rehearing for appropriate appellate attorney fees.

Court of Appeals of Indiana
Brian Young, Sandy Young, Tim Corbett, Dave Wells, Steve Richmond, Sheldon Scott, James Taylor, and Scott Hanley v. South Bend Common Council v. South Bend City Administration
21A-MI-1049
Miscellaneous. Affirms and reverses in part the dismissal of Brian young, Sandy Young, Tim Corbett, Dave Wells, Steve Richmond, Sheldon Scott, James Taylor and Scott Hanley’s claims for declaratory and injunctive relief alleging violations of the Federal Wiretap Act and the Indiana Wiretap Act. Finds the trial court erred in dismissing the original intervenors’ declaratory judgment complaint for lack of subject matter jurisdiction, but the original intervenors’ argument regarding their dismissal as interpleader defendants is essentially moot. Finds the trial court erred in limiting the new intervenors’ litigation to the cassette tapes. Finally, finds remand is appropriate for development of a factual record and a final determination of the legality of all the interpled recordings.