Monday, May 20, 2013
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 5/20/13):
Thursday, May 23rd
- [CANCELLED] 9:00 AM - Jeremiah Cline v. State of Indiana (06S05-1302-MI-92) - When Cline petitioned for removal of his name and information from the Indiana Sex Offender Registry, the Boone Circuit Court ruled that although Cline is not required to register, the court is without statutory authority to order removal of his existing information from the registry. The Court of Appeals affirmed. Cline v. State, 971 N.E.2d 1240 (Ind. Ct. App. 2012), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. [From Docket: JOINT NOTICE OF MOOTNESS AND VERIFIED JOINT MOTION TO REMAND ENTERED ON 05/15/13]
ILB: This 2-1 COA opinion (ILB summary here, 3rd case) from July 26, 2012 contains the dissent from CJ Robb that begins: "This is a case about whether a person who should not have had to but was erroneously required to add his name and information to the registry in the first place is entitled to relief in the form of having his name and information removed." For more, see this Oct. 25, 2012 ILB post, which includes a link to the 7th Circuit opinion in Schepers.
- 9:45 AM - Ann A. Miller, et al. v. Glenn L. Dobbs (15S05-1302-CT-91) - Plaintiffs mailed a proposed medical malpractice complaint to the Indiana Department of Insurance before expiration of the statute of limitations, but failed to include the filing and processing fees. The Department received the fees after expiration of the statute of limitations. The Dearborn Superior Court entered summary judgment for the medical providers, finding the case barred by the statute of limitations. The Court of Appeals reversed in a plurality opinion. See Miller v. Dobbs, 976 N.E.2d 91 (Ind. Ct. App. 2012), vacated. This Court has granted a petition to transfer and has assumed jurisdiction over the appeal.
ILB: This is a Sept. 13, 2012 2-1 COA opinion, with three different interpretations of when a complaint is timely filed under the Medical Malpractice Act.
Next week's oral arguments before the Supreme Court (week of (5/20/13):
Thursday, May 30th
- 9:00 AM - Wells Fargo Bank, N.A. v. Neal A. Summers, et al. (02S04-1302-CP-90) - After remand following the second appeal in this case, the trial court determined the amount of a creditor's first priority lien. The Court of Appeals affirmed in part and reversed in part, holding, among other things, that the creditor's first priority lien should be reduced by the net profits of the business she operated on the property. Wells Fargo Bank, N.A. v. Summers, 974 N.E.2d 488 (Ind. Ct. 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 March 12, 2012 NFP opinion, where the COA wrote: "We find one issue dispositive, which is whether Wells Fargo's notice of appeal is untimely. We dismiss."
- 9:45 AM - CSL Community Association, Inc. v. Clarence Ray Meador (40A01-1112-MI-579) - Clarence Meador owns property in the Country Squire Lakes Community that is subject to a restrictive covenant requiring Meador to belong to a homeowners association and pay dues and assessments. Meador filed a declaratory judgment action alleging the association has failed to maintain the community and asking the court to abrogate his obligation to pay dues and assessments. The Jennings Superior Court entered judgment for Meador. A majority of the Court of Appeals reversed. See CSL Cmty. Ass'n, Inc. v. Meador, 973 N.E.2d 597 (Ind. Ct. App. 2012), trans. pending. Meador has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This is a 2-1 Aug. 13, 2012 COA opinion (4th case), where the majority concludes: "Because the evidence does not support the trial court’s conclusion that the changes in the Community were so radical that the original purpose of the Community and the deed restrictions were destroyed, the trial court erred in abrogating Meador’s obligation to pay dues and assessments. Reversed."
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 5/20/13):
Wednesday, May 22nd
- 10:00 AM - Floyd Weddle vs. State of Indiana ( 73A01-1209-CR-452) The appellant-defendant, Floyd Weddle, appeals his convictions for several drug-related offenses, including manufacturing methamphetamine, a class A felony, and possession of methamphetamine, a class B felony. Weddle claims the trial court erred in admitting evidence at trial because the police officers’ search of a residence was pretextual in nature and an alleged “protective sweep” of the house was not limited in scope and was too broad. As a result, Weddle maintains the police officers’ actions violated his constitutional rights under the Fourth Amendment and Article I, Section 11 of the Indiana Constitution. The Scheduled Panel Members are: Judges Baker, May, and Mathias. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
- 10:30 AM - Indiana Patient's Compensation Fund vs. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, Deceased (49A05-1207-CC-340) In an action for excess damages, the Indiana Patient’s Compensation Fund paid $101,166.89 to the estate of Mable Cochran for damages arising from her wrongful death. The issue of attorney’s fees was submitted separately to the trial court, which ordered the Fund to pay an additional $50,440.00 in reasonable attorney’s fees as part of the damages suffered by the estate. The Fund appeals, contending the attorney’s fees award should have been limited pursuant to Indiana Code section 34-18-18-1 to fifteen percent of the recovery. The Scheduled Panel Members are: Chief Judge Robb, Judges May and Pyle. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 5/27/13):
Tuesday, May 28th
- 1:30 PM - The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., vs. Lax, Inc., and David Lasco ( 37A03-1207-PL-323) Lax, Inc. and David Lasco sued attorney Richard Mayer and his firm, Spangler, Jennings & Dougherty, P.C. (“SJD”), for defamation, abuse of process, malicious prosecution, tortious interference with a business relationship, and tortious interference with a contract, based on written statements made by Mayer in previous litigation; Lax and Lasco also sought punitive damages. After the lawsuit was initiated, Mayer died. Mayer’s estate and SJD subsequently moved for summary judgment. The trial court granted summary judgment to Mayer’s estate on the defamation and malicious prosecution claims but allowed those claims to proceed against SJD. It also allowed the abuse of process and tortious interference claims to proceed against the estate and SJD and allowed Lax and Lasco to continue seeking punitive damages. On appeal, SJD claims the malicious prosecution and defamation claims cannot proceed against it because of Mayer’s death. Both the estate and SJD also contend that the statements made by Mayer in the previous litigation were absolutely privileged, that there are no issues of material fact and that they are entitled to judgment as a matter of law on the abuse of process and tortious interference claims, and that Lax and Lasco cannot recover punitive damages on any claims. The Scheduled Panel Members are: Judges Najam, Bailey, and Barnes. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
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 20, 2013 09:34 AM
Posted to Upcoming Oral Arguments