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Monday, May 21, 2012
Ind. Decisions - Upcoming oral arguments this week and next
Next week's oral arguments before the Supreme Court (week of 5/21/12):
- None currently schedued.
This week's oral arguments before the Supreme Court (week of 5/28/12):
Friday, June 1st
- 9:00 AM - Citimortgage, Inc. v. Shannon S. Barabas, et al. (48S04-1204-CC-213) - The homeowner obtained loans from Irwin Mortgage Corp. and ReCasa Financial Group, LLC and executed first and second mortgages. After the homeowner defaulted on the second loan, ReCasa Financial filed a foreclosure action and named the homeowner and Irwin Mortgage as defendants. Irwin Mortgage filed a disclaimer of interest. The Madison Circuit Court entered a judgment of foreclosure for ReCasa Financial. Citimortgage filed a motion for relief from the judgment, alleging Mortgage Electronic Registration Systems Inc. ("MERS"), not Irwin Mortgage, was the mortgagee of record on the first mortgage, and ReCasa Financial was required, but failed, to name MERS as a defendant in the foreclosure action. The trial court denied Citimortgage's motion. A majority of the Court of Appeals affirmed. Citimortgage, Inc. v. Barabas, 950 N.E.2d 12 (Ind. Ct. App. 2011), reh'g granted to clarify opinion, 955 N.E.2d 260 (Ind. Ct. App. 2011), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
- 9:45 AM - Janice L. Davis v. Shelter Insurance Companies, et al. (02A05-1105-CT-256) - Davis sought payment from State Farm Insurance Companies more than two years after Davis was in an automobile accident with a State Farm insured. After State Farm refused to pay, Davis filed a complaint. The Allen Superior Court entered summary judgment for State Farm and its insured. The Court of Appeals affirmed, concluding State Farm was not equitably stopped from asserting a statute of limitations defense. Davis v. Shelter Ins. Co., 957 N.E.2d 995 (Ind. Ct. App. 2011). Davis has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This is a Nov. 21, 2011 COA opinion. "Janice Davis appeals the trial court's decision to grant summary judgment in favor of Jennifer Culver and State Farm Insurance Company. Davis contends that there is a genuine issue of material fact as to whether State Farm's communications with her following a car accident and while she was receiving treatment were sufficient to trigger the theory of equitable estoppel and prevent State Farm from using a statute of limitations defense against Davis's claim. Finding no genuine issue of material fact, we affirm."
- 10:30 AM - Corey Fletcher v. State of Indiana (79S02-1204-CR-208) - While facing drug charges in the Tippecanoe Superior Court, the defendant argued he was entitled to discharge on grounds his right to a speedy trial had been denied. The trial court denied the motion, and a jury found the defendant guilty of a class A felony and other offenses. A divided Court of Appeals reversed in Fletcher v. State, 959 N.E.2d 922 (Ind. App. 2012), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This is a Jan. 18, 2012, 2-1 COA opinion, where "Corey Fletcher appeals the trial court’s denial of his motion for discharge under Ind. Criminal Rule 4(B)." The COA reversed.
This week's oral arguments before the Court of Appeals (week of 5/21/12):
Monday, May 21st
- 1:30 PM - Eldon E. Harmon v. State of Indiana (20A03-1110-CR-529) - Following a jury trial, Harmon was convicted of Class A felony dealing methamphetamine in an amount that weighed three grams or more. On appeal, Harmon argues that (1) the trial court abused its discretion by allowing a witness to demonstrate the weight of three small samples of methamphetamine taken from three larger reaction vessels recovered from the scene of Harmon’s arrest by holding a vial of methamphetamine in one hand and a similar vial containing three grams of artificial sweetener in the other hand, and testifying that they were of approximately equal weight; and (2) that the State presented insufficient evidence to establish that the methamphetamine weighed at least three grams. The Scheduled Panel Members are: Judges Vaidik, Mathias and Barnes. [Where: Garrett High School, Garrett, Indiana ]
- 10:00 AM - Covered Bridge Homeowners Association v. Town of Sellersburg, Indiana (10A01-1101-PL-13) - Covered Bridge Homeowners Association, Inc., and others appeal the trial courts’ rulings in favor of the Town of Sellersburg and others that the Town’s annexation of certain territory takes precedence over the incorporation of that same territory by the Clark County Commissioners and that the affected property owners waived their right to remonstrate against the annexation. The Scheduled Panel Members are: Judges May, Crone and Brown. [Where: Court of Appeal Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 5/28/12):
Friday, June 1st
- 10:00 AM - Brotherhood Mutual Insurance Company, et al v. Michiana Contracting, et al (50A03-1111-CT-518) - Brotherhood Mutual Insurance Company, as bonafide subrogee of Plymouth Wesleyan Church, appeals summary judgment in favor of Michiana Contracting Inc. The trial court found Michiana was not liable for the damage to the Church’s gym floor based on an indemnification clause in the contract between Michiana and the Church. Brotherhood contends the gym floor was not within the scope of work covered by the indemnification clause of the contract and there remains an issue of material fact whether the portion of the document containing the indemnification clause was given to the Church prior to the signing of the contract. The Scheduled Panel Members are: Judges Baker, Bailey and May. [Where: Belterra Resort and Spa, Florence, Indiana]
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 May 21, 2012 09:10 AM
Posted to Ind. App.Ct. Decisions