Opinions

Court of Appeals of Indiana
REO Holdings Series 3, LLC v. Angela Trowbridge and Mark Trowbridge, and Elizabeth Klapper and Stephen R. Klapper (mem. dec.)
21A-PL-1165
Civil plenary. Affirms Angela and Mark Trowbridge’s granted motion to dismiss a lawsuit filed by REO Holdings Series 3, LLC alleging breach of contract when the Trowbridges proceeded to attempt to convey their property to Elizabeth and Stephen Klapper when an REO representative failed to appear during closing. Finds that REO failed to allege any grounds in its complaint upon which it could prevail and that the trial court did not err in granting the Trowbidges’ motion to dismiss.

Court of Appeals of Indiana
James Louis Warren v. State of Indiana
21A-CR-247
Criminal. Affirms James Warren’s convictions for level 2 felony dealing in methamphetamine, Level 6 felony possession of a controlled substance while in possession of a firearm and Level 6 felony maintaining a common nuisance but vacates the Howard Superior Court’s sentencing order. Finds any error in the admission of evidence was harmless. Also finds the trial court erred by denying Warren’s request to exercise his right to be physically present during his sentencing hearing. Remands with instructions for the trial court to hold a sentencing hearing where Warren is physically present.

Court of Appeals of Indiana
Robert D. Willis and Cindy L. Willis v. Dilden Brothers, Inc.
21A-CT-378
Civil tort. Affirms and reverses in part the Tippecanoe Superior Court’s various rulings in a dispute between Robert D. and Cindy L. Willis and Dilden Brothers Inc. Summarily affirms the verdict and final damages award on Count 1, as Dilden does not challenge them. Finds the trial court did not abuse its discretion in denying Dilden’s motion to correct error as to Count 2 or in awarding damages for an incurable deceptive act as to Robert on Count 3, but did abuse its discretion in awarding damages for an uncured deceptive act as to Cindy. Also finds the trial court abused its discretion in impeaching the jury’s verdict on Count 4 based on a juror’s comment about attorney fees but did not abuse its discretion in reducing the award to $15,000. Finally, finds the trial court did not abuse its discretion in denying the Willises’ motion for recusal or in determining the amount of the attorney fees award. Judge L. Mark Bailey concurs and dissents in part with separate opinion.

Court of Appeals of Indiana
David L. Arnett, Individually, and d/b/a Auto Annex, Inc. v. The Estate of Joel S. Beavins, By Its Personal Representative, Jill E. Beavins, and Stewart Properties, LLC
21A-EU-1484
Estate, unsupervised. Affirms the order in favor of the Estate of Joel S. Beavins, by its personal representative Jill E. Beavins, and Stewart Properties LLC granting in part motions to strike evidence submitted by David L. Arnett, individually and d/b/a Auto Annex Inc., and the order granting partial summary judgment in favor of the estate on the issue of whether Arnett is a member of Stewart Properties. Finds the Johnson Superior Court did not abuse its discretion in striking portions of Arnett’s designated evidence, including his affidavit and Charles Ryder’s affidavit and supplemental affidavit. Also finds the trial court did not err in granting partial summary judgment in favor of the estate regarding the ownership of Stewart Properties.

Court of Appeals of Indiana
Bhaktavatsala R. Apuri, M.D. v. Parkview Health System, Inc., Parkview Hospital, Inc., and Roy Robertson, M.D.
21A-PL-591
Civil plenary. Affirms the grant of summary judgment to Parkview Health System Inc., Parkview Hospital Inc. and Dr. Roy Robertson on a complaint for breach of contract, intentional interference with a business relationship and intentional interference with a contract brought by Dr. Bhaktavatsala Apuri. Finds Apuri did not designate evidence of a material factual dispute over whether he can overcome the presumption of adequate notice and hearing procedures, and the Allen Superior Court correctly determined the adequate notice and hearing procedures requirement was deemed satisfied. Also finds the appellees were immune from suit for Apuri’s claims, so the trial court correctly concluded they were entitled to judgment as a matter of law.

Court of Appeals of Indiana
Contrell J. Scruggs v. State of Indiana (mem. dec.)
21A-CR-1426
Criminal. Affirms Contrell Scruggs’ conviction of Level 5 felony possession of methamphetamine. Finds the state presented sufficient evidence to support Scruggs’ possession of meth conviction.

Court of Appeals of Indiana
Amanda Henry v. Community Healthcare System Community Hospital
21A-CT-2150
Civil tort. Affirms the Lake Superior Court’s order granting summary judgment in favor of Community Healthcare System Community Hospital on Amanda Henry’s complaint alleging invasion of privacy by intrusion into emotional seclusion, invasion of privacy by public disclosure of private facts and negligent retention. Holds the trial court correctly granted summary judgment in favor of Community on Henry’s negligent retention claim. Finds invasion of privacy by intrusion into emotional seclusion or solace is not recognized in Indiana and therefore the trial court did not err. Finds similarly for the invasion of privacy PDPF claim.

Court of Appeals of Indiana
Sewell Jerome Evans v. State of Indiana (mem. dec.)
21A-CR-1522
Criminal. Affirms Sewell Jerome Evans’ 65-year sentence for two counts of Level 1 felony child molesting. Finds the sentencing by Madison Circuit Court is appropriate in light of the nature of Evans’ offenses and his character. Also finds the trial court did not abuse its sentencing discretion. 

Court of Appeals of Indiana
In the Matter of the Guardianship of A.E.R. (Minor Child) Shawn Wright v. Gilberto Ruiz, Sr., and Teresa Ruiz
21A-GU-1682
Guardianship. Affirms the Lake Superior Court’s order appointing grandparents Gilberto Ruiz, Sr. and Teresa Ruiz as guardians of Shawn Wright’s child, A.E.R. Finds the trial court did not abuse its discretion in denying Wright’s motion to transfer venue and by appointing the grandparents as A.E.R.’s guardians. Finds the grandparents are not entitled to attorney fees.

Court of Appeals of Indiana
Monica C. Brown v. Review Board of the Indiana Department of Workforce Development
21A-EX-1474
Agency action. Affirms the Review Board of the Indiana Department of Workforce Development’s affirmation of an administrative law judge’s determination that Monica C. Brown was not eligible to receive pandemic unemployment assistance benefits under the CARES Act from the state of Indiana. Finds the ALJ judge erred in determining Brown wasn’t eligible in Indiana based on Section 2102(d)(1)(A)(i) of the CARES Act. Also finds Brown wasn’t eligible because she didn’t meet one of the 11 criteria listed in subsections (aa) through (kk) of Section 2102(a)(3)(A)(ii)(I) of the CARES Act.

Indiana Supreme Court
Sierra M. DeWees v. State of Indiana
21S-CR-410
Criminal. Affirms the Clay Superior Court’s denial of Sierra DeWees’ motion for bond reduction or conditional pretrial release. Finds the Indiana General Assembly’s statutory reforms enhance rather than restrict a trial court’s discretion in determining bail. Also finds the trial court did not abuse its discretion in finding DeWees is accused of an “extremely serious” crime and, facing a 30-year sentence, posed a flight risk. Urges the Court of Appeals of Indiana to act with “prudence and restraint” when deviating from Appellate Rule 65(E). If either party seeks modification of DeWees’ conditional release, remands with instructions for the trial court to conduct a hearing.

Court of Appeals of Indiana
U.S. Foods, Inc. v. Enspire Training, LLC (mem. dec.)
21A-SC-1259
Small claims. Reverses judgment in favor of Enspire Training LLC in a dispute with US Foods Inc. Finds US Foods has made a prima facie showing that the Allen Superior Court lacked personal jurisdiction.