The Indiana Law Blog: Ind. Decisions - Court of Appeals issues 9 today (and 29 NFP)

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Monday, December 31, 2007

Ind. Decisions - Court of Appeals issues 9 today (and 29 NFP)

Additional summaries may follow

For publication opinions today (9):

Harold Brandon Harris v. State of Indiana

Lloyd Harris v. State of Indiana

N.W.W. v. State of Indiana

Kevin Cole v. State of Indiana

James and Lisa Deaton v. Justin Robison and Knight Rifles, Inc. - "That evidence shows that Knight reasonably believed that Robison would realize the danger of unloading the rifle while pointing it at someone, regardless of whether one or both safeties were engaged. Thus, we conclude that Knight is not liable for failure to warn. The trial court did not err when it entered judgment on the evidence on this issue."

Christian John Gauvin v. State of Indiana

Thomas Keller and Shirley Rohrs v. Daniel Keller - "Defendants-Appellants Thomas Keller (“Tom”) and Shirley Rohrs (“Shirley”) appeal the trial court’s order finding that the family farm (“the Farm”) could not be partitioned and should be sold at a public auction. We affirm."

Debbie Pflederer v. Kesslerwood Lake Association, Inc. - "Case Summary: Debbie Pflederer, as personal representative of the estate of her brother, Douglas Schmidt, appeals from the denial of Schmidt’s motion to correct error following the denial of his motion for attorney’s fees and costs pursuant to Indiana Trial Rule 65(C). We reverse and remand for a hearing to determine the amount of fees and costs to which Schmidt is entitled for defending against a wrongfully issued injunction.

"Issue: Was Schmidt’s Trial Rule 65(C) motion properly before the trial court?"

American Family Mutual Insurance v. Louis and Susan Matusiak - [ILB - Unbeknownst to the parties, hail damaged the house's roof after the home inspection and before the closing.]

"At some point in September of 2005, the Martins noticed that several of their neighbors were having their roofs replaced and soon learned that their roof had sustained hail damage as well. The Martins contacted the Matusiaks regarding the roof, and received assurances that the Matusiaks would file a claim with their insurance company and pay the $1000 deductible required by the policy. The Martins subsequently received two estimates for the repair of the roof, one for $7834 and the other for $8643. In the end, American Family denied the Matusiaks’ claim, on the basis, inter alia, that they had suffered no loss resulting from the hail storm."

NFP civil opinions today (9):

Jimmy Robinson v. Review Board and Bayer Healthcare LLC (NFP)

Jennifer Wright Hobbs, et al v. S & A Services of Marion LTD, et al (NFP)

City of Warsaw and R. Paul Schmitt v. Richard and Jan Orban (NFP)

Bowman, Heintz, Boscia, Vician, P.C., Glenn S. Vician, et al v. David C. Jensen, John P. Twohy, et al (NFP)

Kimberly Tice v. Devin Tice (NFP)

Dennis Walburn v. Synda K.Walburn (NFP)

Stanley F. Collesano v. PFSI Financial Solutions, et al (NFP)

Jeffrey L. Alholm v. Rebecca A. Alholm (NFP)

Dennis A. Jackson v. Martina K. Jackson (NFP)

NFP criminal opinions today (20):

Barry D. McAtee v. State of Indiana (NFP)