« Ind. Decisions - Transfer list for week ending May 15, 2015 [Updated] | Main | Courts - SCOTUS rules: "Maryland has been illegally double-taxing people who earn income in other states" »

Monday, May 18, 2015

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 2 NFP memorandum decisions)

For publication opinions today (1):

In Gary P. Byers v. Robert E. Moredock and Rhoda S. Moredock, a 14-page opinion, Judge Brown concludes:

In sum, the provisions of the Ordinance cited by Byers were inapplicable to the Moredocks and did not impose any duty on them to confine or restrain a dog in the care of the tenant or residents of the Property; the Moredocks were not the owners or keepers of the dog that struck Byers’s motorcycle and had no duty to confine or control the dog on that basis; and the Moredocks as the owners of the Property and landlords did not have a duty to ensure proper or adequate confinement or control of the dog, or to monitor the tenant or residents of the Property to ensure they properly or adequately confined or controlled the dog. Accordingly, summary judgment in favor of the Moredocks and against Byers was proper.

For the foregoing reasons, we affirm the trial court’s entry of summary judgment in favor of the Moredocks and against Byers.

NFP civil decisions today (1):

In re the Paternity of J.A.S.: H.S. v. N.L. (mem. dec.)

NFP criminal decisions today (1):

Anthony Armacost v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on May 18, 2015 11:02 AM
Posted to Ind. App.Ct. Decisions