Thursday, April 04, 2013
Ind. Decisions - Court of Appeals issues 7 today (and 9 NFP)
For publication opinions today (7):
In Welty Building Co., LTD. and, Ohio Farmers Insurance Company v. Indy Federeau Company, LLC, et al. , a 21-page opinion, the sole issue was "whether the trial court properly concluded that Welty was not entitled to demand that its disputes with its subcontractors be submitted to arbitration." Judge Barnes concludes:
In sum, we conclude Welty’s conduct here has been very unlike conduct courts have found in other cases to constitute a waiver of the right to arbitration. * * *In John V. Sebring v. Air Equipment and Engineering, Inc., Donaldson Co., Inc., William W. Meyer and Sons, Inc., Newton Conveyors, Inc. and Emerson Power Transmission Corp. , a 14-page opinion, Judge Crone writes:
Welty did not waive its right to insist upon arbitration of its disputes with the subcontractors. We reverse and remand for arbitration between Welty and the subcontractors, and for the trial court to assess whether the litigation between OFIC and the subcontractors should be stayed pending that arbitration.
John V. Sebring was injured while using a dust collector at his workplace in Fort Wayne, Indiana. A component of the dust collector was manufactured by Newton Conveyors, Inc. (“NCI”), a Texas corporation. Sebring sued NCI and several other defendants in Indiana. NCI filed a motion to dismiss for lack of personal jurisdiction, which the trial court granted.In Deutsche Bank National Trust Co., as Trustee under the pooling and servicing agreement dated as of Nov. 1, 2002, Morgan Stanley ABS Capital I Inc. Trust 2002-HE3 v. Patricia Harris and Shawn Harris, a 23-page opinion, Judge Brown concludes:
Sebring appeals the dismissal. NCI’s role in the manufacturing process took place entirely within Texas, and the manufacturer of the final product unilaterally decided to ship the product to Indiana. Under these circumstances, NCI’s contact with Indiana is too attenuated to support jurisdiction. Therefore, we affirm.
For the foregoing reasons, we reverse the trial court’s April 28, 2011 Quiet Title Decree and the court’s March 28, 2011 entry dismissing the Bank’s lawsuit and remand with instructions that the trial court reinstate the Bank’s cause of action and for further proceedings consistent with this opinion.In Thomas Porter v. State of Indiana , an 18-page opinion, Judge Brown concludes:
For the foregoing reasons, we affirm Porter’s conviction for operating a vehicle after a lifetime suspension, reverse the trial court’s suspension of Porter’s driving privileges for life, and remand for proceedings consistent with this opinion.In Sterlen Shane Keller v. State of Indiana , a 35-page opinion, Judge Barnes concludes:
Keller waived his right to challenge the State’s amendment of the charging information. He has not shown that his right to a speedy trial was violated, that the admission of his statements to police was improper, or that the trial court abused itsIn Edward W. Clemons v. State of Indiana , a 12-page opinion, Judge Riley writes:
discretion in instructing the jury. Pursuant to the single larceny rule, the convictions for theft of the Social Security check and for theft of the two rings must be vacated. Although there is sufficient evidence to support the auto theft, theft, and burglary convictions, there is insufficient evidence to support the failure to report a dead body conviction as charged by the State. Keller’s modified sentence of twenty-nine years does not violate the statutory limit on consecutive sentences, and he has not shown that his sentence is inappropriate. We affirm in part, reverse in part, and remand.
Appellant-Defendant, Edward Clemons (Clemons), appeals his conviction for Count I, possession of an animal for purposes of an animal fighting contest, a Class D felony, Ind. Code § 35-46-3-8; Count II, possession of animal fighting paraphernalia, a Class B misdemeanor, I.C. § 35-46-3-8.5; and Count III, promoting an animal fighting contest, a Class D felony, I.C. § 35-46-3-9.5. * * *In Robert Lawrence Albores, Jr. v. State of Indiana , an 8-page opinion, Chief Judge Robb writes:
Based on the foregoing, we conclude that the State presented sufficient evidence to support Clemons’ convictions for possession of an animal for purposes of an animal fighting contest, possession of animal fighting paraphernalia, and for promoting an animal fighting contest.
Robert Lawrence Albores, Jr., appeals his conviction of murder, a felony. Albores raises one issue for our review: whether the trial court abused its discretion by refusing to give his proposed jury instruction regarding the presumption of innocence. Concluding that the trial court did not abuse its discretion, we affirm the conviction.NFP civil opinions today (2):
NFP criminal opinions today (7):
In State of Indiana v. Bobby Walden (NFP), a 7-page opinion, Judge Riley "conclude[s] that the trial court abused its discretion by granting Walden’s motion to dismiss. Reversed and remanded.
Posted by Marcia Oddi on April 4, 2013 12:35 PM
Posted to Ind. App.Ct. Decisions