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Tuesday, April 14, 2015

Ind. Decisions - Court of Appeals issues 3 opinion(s) today (and 9 NFP memorandum decisions)

For publication opinions today (3):

In Think Tank Software Development Corp., d/b/a Think Tank Networking Tech. Group and Think Tank Info. Systems v. Chester, Inc., Mike Heinhold, John Mario, Joel Parker, Thomas Guelinas, Jon Meyer, Daniel, a 17-page opinion, Judge Baker writes:

Think Tank Software Development Corporation d/b/a Think Tank Networking Technologies Group and Think Tank Information Systems (“Think Tank”) appeals the trial court’s directed verdict in favor of Defendants–Appellees * * * (collectively, the defendants) on Think Tank’s claim for misappropriation of trade secrets. In addition, Think Tank appeals the trial court’s determination that its non-solicitation claim was barred. Finding that the trial court did not err in granting a directed verdict and correctly determined that Think Tank’s non-solicitation claim was barred, we affirm the judgment of the trial court.
In 5200 Keystone Limited Realty, LLC v. Filmcraft Laboratories, Inc., Eric J. Spicklemire, Portrait America, Inc., A.C. Demaree, Inc., Clean Car, Inc., and The Wax Museum & Auto Sales, Inc., a 26-page opinion, Judge Friedlander writes:
This litigation involves a dispute over responsibility for the costs of environmental cleanup of commercial real estate (the Site) located near the corner of 52nd St. and Keystone Avenue in Indianapolis. * * * The complaint alleged causes of action under these three statutes: [IC 13-11-2-70.3 (creating an “environmental legal action” (ELA), which is a legal action “brought to recover reasonable costs associated with removal or remedial action involving a hazardous substance or petroleum released into the surface or subsurface soil or groundwater that poses a risk to human health and the environment”), IC 13-30-3-13(d) (creating an action to recover reasonable expenses and attorney fees incurred by a landowner on whose land solid waste has been illegally dumped), and IC 6-1.1-22-13 (liability for back property taxes)] * * *

KLR presents the following consolidated, restated issues for review:
1. Did the trial court err in excluding expert testimony regarding whether the Wax Museum & Auto Sales and Clean Car caused or contributed to the contamination at the Site?
2. Did the trial court err in entering summary judgment against KLR on its common-law claims?
3. Did the trial court err in dismissing KLR’s complaint pursuant to Trial Rule 41(B) on grounds that KLR failed to present sufficient evidence to show Spicklemire caused or contributed to chlorinated solvent and petroleum hydrocarbon contamination of the Site?
We affirm.

In Paul D. Woodcox v. State of Indiana, a 9-page opinion, Judge Riley concludes:
In the present case, Woodcox was adjudged guilty of a Class A felony—which merits a fifty-year sentence, but the entry of judgment mistakenly refers to a Class B felony. Thus, it is an error of form rather than substance. If we were to hold that Indiana Code section 35-38-1-15 requires correction of Woodcox’s sentence when the error is in the entry of the judgment of conviction, Woodcox would receive a sentencing windfall based on a clerical error—i.e., he would get the benefit of a Class B felony sentence on a Class A felony conviction. The interests of justice demand that he serve the sentence for the Class A felony that he committed. Therefore, we find the appropriate remedy is to remand with instructions for the trial court to make a nunc pro tunc correction of the clerical error contained in both the sentencing judgment and the abstract of judgment to accurately reflect that Woodcox was convicted of Class A felony rape, for which he was properly sentenced.

Based on the foregoing, we conclude that the trial court did not err in denying Woodcox’s Motion to Correct Erroneous Sentence. We affirm his fifty-year sentence, enhanced by thirty years, for Class A felony rape. However, we must remand with instructions for the trial court to correct the sentencing judgment (judgment of conviction) and the abstract of judgment to reflect that Woodcox was convicted of rape as a Class A felony.

NFP civil decisions today (3):

Boris Mudd v. Jason Johnson (mem. dec.)

In the Matter of the Termination of the Parent-Child Relationship of J.M., Mother, and C.W., Child, J.M. v. Ind. Dept. of Child Services (mem. dec.)

In the Matter of the Termination of the Parent-Child Relationship of: Br.S & B.S. and E.S. (Mother) v. The Ind. Dept. of Child Services (mem. dec.)

NFP criminal decisions today (6):

Leona Rae Hawk v. State of Indiana (mem. dec.)

James E. Manley v. State of Indiana (mem. dec.)

Rex A. Shannon v. State of Indiana (mem. dec.)

Stephen A. Jones v. State of Indiana (mem. dec.)

Joshua Donica v. State of Indiana (mem. dec.)

Bradley S. Stock v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on April 14, 2015 11:17 AM
Posted to Ind. App.Ct. Decisions