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Thursday, February 10, 2011

Ind. Decisions - Court of Appeals issues 3 today (and 12 NFP)

For publication opinions today (3):

In Christine and Ivan Kolozsvari v. John Doe, M.D., Jane Doe, R.N., Kelley Branchfield, R.Ph., and Hook SuperX, LLC, a 12-page opinion, Judge Bailey writes:

Christine Kolozsvari (“Christine”) and Ivan Kolozsvari (“Ivan”; collectively, “the Kolozsvaris”) appeal from the trial court’s grant of summary judgment against them and in favor of Kelley Branchfield, R.Ph., (“Branchfield”) and Hook SuperX, LLC (“CVS”). The Kolozsvaris raise one issue for our review, whether the trial court erred when it held that pharmacists have no duty to warn of the side effects of prescribed medications, and therefore determined that Branchfield and CVS were entitled to judgment as a matter of law because they owed no duty either to warn Christine of the side effects of a medication Branchfield filled or to refuse to fill the prescription. We reverse and remand for further proceedings. * * *

While we address whether CVS and Branchfield owed a duty of care to withhold or warn Christine about the potentially significant adverse effects of OsmoPrep under the facts of this case, our decision today reaches no further.

In Beneficial Indiana, Inc. v. Joy Properties, LLC, a 10-page opinion, Judge Darden writes:
Beneficial Indiana, Inc. (“Beneficial”) appeals the trial court’s order to the Allen County Treasurer and the Allen County Auditor (collectively, “the Auditor”) that it disburse to Joy Properties I, LLC, (“Joy Properties”) the surplus funds from the tax sale of real estate designated as Property PIN 020817401013000072 and commonly described as 3909 Castell Drive, Fort Wayne (“the real estate”). We reverse. * * *

We find that the facts here establish that Beneficial has a more substantial interest in the real estate, and that equity requires disbursement of the tax surplus funds to Beneficial. Therefore, the trial court erred in ordering disbursement to Joy Properties and we reverse.

In Nexus Group Inc. v. Heritage Appraisal Service and Alan Landing, a 10-page opinion, Judge Baker writes:
Appellant-plaintiff Nexus Group, Inc. (Nexus), appeals the trial court’s order granting summary judgment in favor of appellees-defendants Heritage Appraisal Service and Alan Landing (collectively, Heritage). Nexus argues that the trial court erroneously concluded that Nexus’s defamation action against Heritage is barred by the anti-SLAPP statute and that there are genuine issues of material fact precluding summary judgment. Finding that summary judgment was properly entered and that appellate attorney fees are warranted pursuant to the purpose of the anti-SLAPP statute, we affirm and remand for a hearing on appellate attorney fees.
NFP civil opinions today (3):

Charles E. Justise, Sr. v. Terry Huston, et al. (NFP)

Term. of Parent-Child Rel. of B.B.; K.A. & B.B. v. I.D.C.S. (NFP)

Rextori Pizza, et al. v. Dutch Mill Plaza, LLC (NFP)

NFP criminal opinions today (9):

Ernest Smith v. State of Indiana (NFP)

Willie G. Pargo v. State of Indiana (NFP)

Charles Durham v. State of Indiana (NFP)

Stephan D. Parks v. State of Indiana (NFP)

Daniel A. Demaree v. State of Indiana (NFP)

Douglas Alan Baker, Jr. v. State of Indiana (NFP)

James McMahon v. State of Indiana (NFP)

Michael A. Thompson v. State of Indiana (NFP)

L.P v. State of Indiana (NFP)

Posted by Marcia Oddi on February 10, 2011 12:32 PM
Posted to Ind. App.Ct. Decisions