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Tuesday, April 17, 2007
Ind. Decisions - Court of Appeals issues 5 today (and 9 NFP)
For publication opinions today (5):
Margaret Wilhelm and All Other Occupants v. Madison Village, MHC, LLC - "Margaret Wilhelm rented a lot for her mobile home at Madison Village, MHC, LLC (“the Village”). The Village sought to evict her and the other residents of her mobile home (collectively “Wilhelm”) and it obtained a judgment after Wilhelm failed to appear at a hearing. She now appeals the denial of her motion to set aside the order of eviction and a money judgment in favor of the Village. The Jefferson Circuit Court had jurisdiction over the Village’s action, and Wilhelm did not establish a right to relief from the judgment. We accordingly affirm."
Paul R. Gilpin and Doris J. Gilpin v. Ivy Tech State College - "Paul Gilpin (“Gilpin”) and his wife Doris appeal summary judgment in favor of Ivy Tech State College (“Ivy Tech”). Ivy Tech did not encourage, desire, induce, or expect Gilpin or other members of the public at large to use its restroom facilities. Therefore, Gilpin was a licensee when he slipped on gravel and fell in the street while on the way to the restrooms. Gilpin was aware of the gravel before he fell and, consequently, the gravel was not a latent danger about which Ivy Tech should have warned Gilpin. * * * Gilpin was a licensee, not an invitee, of Ivy Tech. Because the gravel was not a latent danger, Ivy Tech had no duty to warn Gilpin about it. Accordingly, we affirm."
Timothy P. Heagy v. Kelly K. Kean - custody and support dispute, affirmed.
In Frank Broadhacker, Ann Broadhacker and Reel One, an Indiana Corporation v. City of Indianapolis and the Metropolitan Development Commission, a 15-page opinion, including separate concurring/dissenting opinions, Judge May writes:
Frank and Ann Broadhacker and Reel One, Inc. appeal a summary judgment for the City of Indianapolis. We reverse, as there is a genuine issue of material fact whether Reel One is a private club and therefore not subject to the nuisance ordinance on which the City relied to enjoin the operation of Reel One and fine the Broadhackers. * * *Otis M. McElroy v. State of Indiana - "Because principles of double jeopardy do not prohibit the entry of judgments of conviction for both operating a vehicle with a 0.10 BAC causing death and failure to stop after an accident resulting in death, McElroy’s guilty plea counsel was not ineffective for failing to make a double jeopardy argument. We therefore affirm the post-conviction court’s denial of McElroy’s petition for post-conviction relief."BAKER, C.J., concurring in part and dissenting in part with separate opinion. [which begins, p. 10] I agree with the majority that whether Reel One is a private club is an issue of fact rendering summary judgment in the City’s favor inappropriate. I respectfully dissent in part, however, from the disposition of the case. * * *
SULLIVAN, J., concurring in part and dissenting in part with separate opinion.[which begins, p. 12] I agree that whether Reel One is a “private club” is a question of fact and that therefore, summary judgment was improperly granted in favor of the City. However, I respectfully disagree with Chief Judge Baker insofar as he construes the ordinance to target “only violent live sex acts or live violent acts that are accompanied by sex.”
NFP civil opinions today (5):
In the Matter of T.B. v. State of Indiana (NFP)
In the Matter of J.F., M.F., and R.F., April Ferguson v. Lake Co. Dept. of Child Services (NFP)
In the Matter of C.O.M., Tammy Olsen v. Marion Co. Dept. of Child Services (NFP)
David F. Ray v. Angelita (Ray) Ridenour (NFP)
Julia A. Darnell v. John L. Darnell (NFP)
NFP criminal opinions today (6):
Aaron Price v. State of Indiana (NFP)
Mark D. Bontrager v. State of Indiana (NFP)
Christopher Bluhm v. State of Indiana (NFP)
Alva Leslie Funk v. State of Indiana (NFP)
Posted by Marcia Oddi on April 17, 2007 01:02 PM
Posted to Ind. App.Ct. Decisions