Monday, April 23, 2012
Ind. Decisions - Court of Appeals issues 3 today (and 10 NFP)
For publication opinions today (3):
In Omni Insurance Group v. Lake Poage, Tonya Poage, Cody Bauer, Jill Bauer, Gary Bauer, and Allstate Insurance Company, a 12-page opinion, Judge May writes:
Omni Insurance Group appeals a summary judgment for Allstate Insurance Co., Lake and Tonya Poage, and Cody, Jill, and Gary Bauer (collectively, “the Poages”), and the denial of its own motion. As there is a genuine issue of material fact as to whether a driver involved in a collision was a resident of the Omni policyholder’s residence, summary judgment for the Poages was improper. * * *In Nathan Abernathy v. Larry Bertram and Keith Broyles, a 7-page opinion, Judge May writes:
Our application of the Imel factors leads us to conclude there is a genuine issue of fact as to whether Cody was a resident of Treva’s home, so there is a genuine issue of material fact regarding whether he should be excluded from coverage under Treva’s Omni policy. The Poages therefore should not have been granted, but Omni was properly denied, summary judgment. We accordingly reverse and remand for trial.
Nathan Abernathy appeals some of the trial court’s findings in his action against Keith Broyles and Larry Bertram for breach of contract, quantum meruit, unjust enrichment, and conversion. * * *In Richard Leggs v. State of Indiana , a 13-page opinion, Judge May concludes:
The trial court’s findings regarding the value of Abernathy’s crop insurance policy were supported by evidence, and the trial court did not err when it did not include the value of the crop insurance policy in the amount of damages it ordered Broyles to pay. The trial court did not err when it denied Abernathy’s conversion claim because Abernathy did not prove by a preponderance of the evidence Broyles and Bertram intended to exercise unauthorized control over Abernathy’s property. Accordingly, we affirm the decision of the trial court.
Leggs waived his argument regarding the deficiencies in the charging information for Class C felony intimidation because he did not file a motion to dismiss the charges at the trial court level. Waiver notwithstanding, Leggs did not demonstrate the deficiencies in his charging information rose to the level of fundamental error. There was sufficient evidence Leggs committed Class C felony intimidation, and Leggs was not subjected to double jeopardy when his convictions for several crimes were enhanced by his repeated use of a knife.NFP civil opinions today (5):
However, Leggs’ two convictions of Class B felony criminal confinement violate the continuing crime doctrine. Accordingly, we reverse one of his criminal confinement convictions and remand for resentencing.
NFP criminal opinions today (5):
Posted by Marcia Oddi on April 23, 2012 01:37 PM
Posted to Ind. App.Ct. Decisions