« Ind. Law - More on: New law establishes procedures for AG to seize, secure, store, and destroy abandoned or at risk health records and other records containing personally identifying information | Main | Catch-up: What did you miss over the weekend from the ILB? »
Monday, April 19, 2010
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 4/19/10):
- None currently scheduled.
Next week's oral arguments before the Supreme Court (week of 4/26/10):
Next Thursday, April 29th
- 9:00 AM - Henry A. Leopold & Andrea Leopold v. Robert S. Boone & Nancy D. Boone (
06A04-0904-CV-205) - A bicyclist injured in an accident caused by dogs that escaped from residential property sued the property’s tenant (the dogs’ owner) and landlords, but the Boone Circuit Court granted summary judgment to the landlords. The Court of Appeals affirmed in an unpublished memorandum decision holding that the landlords cannot be held liable where they were not the dogs’ owners or keepers. The bicyclist has petitioned the Supreme Court to accept jurisdiction over the appeal.
[Here is the ILB summary of the Sept. 4, 2009 COA NFP opinion - 3rd case.]
- 9:45 AM - Hamilton County Property Tax Assessment Board of Appeals & Hamilton County Assessor v. Oaken Bucket Partners, LLP (49S10-1003-TA-140) -
The Board of Tax Review denied a taxpayer a property tax exemption for part of a building it rented to a church. The Tax Court reversed, holding that the taxpayer owned and used this space for religious purposes. Oaken Bucket Partners, LLC v. Hamilton County Property Tax Assessment Board of Appeals, 909 N.E.2d 1129, on reh'g, 914 N.E.2d 868 (Ind. Tax Ct. 2009). The Supreme Court has granted a petition for review of the Tax Court decision.
[See this July 30, 2009 ILB entry on this Tax Court decision, headed "Tax Court ruling affects Indiana nonprofits that rent space."]
- 10:30 AM - Richard Wilson and Billy Wilson v. Gene Isaacs, Sheriff of Cass County, and Brad Craven (09S05-1003-CV-149) - The Wilsons’ complaint alleged that a deputy sheriff used excessive force during an arrest and that the sheriff failed to provide appropriate training and supervision, but the Cass Superior Court granted the sheriff and his deputy summary judgment. The Court of Appeals reversed in part after concluding that the Indiana Tort Claims Act does not provide the sheriff immunity here. Wilson v. Isaacs, 917 N.E.2d 1251 (Ind. Ct. App. 2009), vacated. The Supreme Court has granted a petition to transfer the case, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal.
[Here is the COA's 12/15/09 opinion.]
This week's oral arguments before the Court of Appeals (week of 4/19/10):
Monday, April 19th
- 2:00 PM - Bruce Adkins v. Vigilant Insurance Company (06A01-0911-CV-530) - Appellant/Plaintiff Bruce Adkins appeals the trial court's order granting summary judgment in favor of Appellee/Defendant Vigilant Insurance Company. The Appellant challenges the trial court erred in granting summary judgment in favor of the Appellee because his alleged damages were covered under excess umbrella policy issued by the Appellee. The Appellant also contends that the trial court erred in granting summary judgment in favor of the Appellee because he should be entitled to recover under the excess umbrella policy issued by the Appellee as a matter of public policy. The Scheduled Panel Members are: Judges Najam, Friedlander and Bradford. [Where: Court of Appeals Courtroom (WEBCAST)]
- 3:30 PM - Brett Zagorac v. State of Indiana (45A03-0910-CR-481) - Brett Zagorac was arrested and charged with one count of Class C felony child molesting, but the State was unable to bring him to trial and eventually had the charge dismissed with prejudice. Thereafter, Zagorac petitioned to have his arrest record expuged, and the trial court denied that petition. Zagorac claims the court erred because it did not hold a hearing before denying his petition and because his arrest was not supported by probable cause. In the alternative, he asserts his right to equal protection is denied by a statutory scheme that provides relief to persons who have been convicted, but does not provide relief to someone who has not. The Scheduled Panel Members are: Judges May, Robb and Brown. [Where: Purdue University, Loeb Playhouse at Stewart Center, West Lafayette, Indiana]
Tuesday, April 20th
- 2:15 PM - Minteq International Inc. v. Anthony Arciniega, et al (45A05-0905-CV-284) - Appellee was injured in a workplace accident at Burns Harbor naming Minteq as his employer. The Scheduled Panel Members are: Chief Judge Baker, Judges Darden and Crone. [Where: Supreme Court Courtroom (WEBCAST)]
Wednesday, April 21st
- 12:30 PM -
Fidelity National Title Insurance Company, et al, v. Rhys and Sally Mussman (64A03-0905-CV-204) - Fidelity National Title Insurance Company appeals from the trial court's grant of summary judgment to Rhys and Sally Mussman. The Mussmans alleged in their complaint that Fidelity is liable to them for the conversion of their escrow funds by Intercounty Title Company ("ITC"), an agent of Fidelity. On appeal, the parties dispute the existence of a genuine issue of material fact regarding whether ITC had actual or apparent authority to act as Fidelity's agent for escrow or closing purposes with respect to the Mussmans' sale of certain real estate in 1999. The Scheduled Panel Members are: Judges Najam, Vaidik and Brown. [Where: Court of Appeals Courtroom [WEBCAST]]
- 2:00 PM - Fifth Third Bank v. Peoples National Bank (49A02-0908-CV-753) - PMB asserts that by its conduct, Fifth Third has waived its right to enforce its security interest in the deposit account and the proceeds therein. Fifth Third counters that its perfected security interest takes priority over PNB's judgment lien, and that the trial court, therefore, erred in rendering judgment for PNB. The Scheduled Panel Members are: Judges Kirsch, Darden and May. [Where: Court of Appeals Courtroom [WEBCAST]]
Friday, April 23rd
- 9:25 AM -
J.M. v. M.K. (20A04-0911-CV-640) - This case involves a trial court's default entry of judgment adjudicating J.M. as the legal father of W.H. J.M. filed a motion to set aside paternity determination, but the motion was denied by the trial court. On appeal, J.M. challenges the denial of his motion, arguing that he was a minor when he signed the paternity affidavit, that he believed he was signing the paternity affidavit to grant guardianship of W.H. to the child's grandmother, and that he is not the biological father of W.H. Additionally, J.M. contends that the commissioner exhibited bias towards him during the proceedings. The Scheduled Panel Members are: Chief Judge Baker, Judges Crone and Bradford. [Where: Columbia City High School, 600 N. Whitley Street, Columbia City, Indiana]
- 1:00 PM - M. T. v. State of Indiana (49A04-0908-JV-484 ) - M.T., a juvenile, was on probation and living at a residential treatment facility. The State alleged he violated his probation and the juvenile court ordered him committed to the Department of Correction, even though the State presented no evidence of the probation violations. This, M.T. argues, violated his due process rights. The Scheduled Panel Members are: Judges Bailey, May and Brown. [Where: Corydon Central High School, 375 Country Club Road Southeast, Corydon, Indiana]
Next week's oral arguments before the Court of Appeals (week of 4/26/10):
Next Tuesday, April 27th
- 1:30 PM - Brent & Stacey Carey v. Indiana Physical Therapy, Inc., et al (02A03-0910-CV-473) - Carey sued his physical therapist for malpractice arising out of his treatment after an auto accident. The trial court granted summary judgment for the therapist. Issues include whether there was evidence the standard of care was breached, whether Carey recovered in another settlement, and whether the injury was caused solely by the auto accident. The Scheduled Panel Members are: Judges May, Bradford and Brown. [Where: Supreme Court Courtroom (WEBCAST)]
Next Friday, April 30th
- 11:30 AM -
John Dyer, et al. v. James H. Hall, et al (82A01-0910-CV-510) - Dyer and other landowners with parcels on the Ohio River asked for an injunction and damages, claiming Hall's boat docks extend in front of their lots and interfere with their use of the river. The trial court found the landowners' riparian rights do not extend beyond the river's low water mark and the docks did not interfere with their use of the river. The Scheduled Panel Members are: Chief Judge Baker, Judges May and Brown. [Where: Posey County Courthouse, Mount Vernon, Indiana]
ONLY those Court of Appeals oral arguments presented in the Supreme or Court of Appeals Courtrooms will be accessible via videocast.
The past COA webcasts which have been webcast are accessible here.
NOTE: For a printable version of this list of upcoming oral arguments, click on the date in the next line. Then select "Print" from your browser.
Posted by Marcia Oddi on April 19, 2010 08:33 AM
Posted to Upcoming Oral Arguments