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Thursday, August 20, 2015

Ind. Decisions - Court of Appeals issues 4 opinion(s) today (and 9 NFP memorandum decisions)

For publication opinions today (4):

In Uthman Cavallo, M.D. v. Allied Physicians of Michiana, LLC, a 27-page opinion, Judge Pyle writes:

Appellant/Defendant, Uthman Cavallo, M.D. (“Cavallo”), appeals the trial court’s order denying his request for a jury determination of the amount of attorney fees he owed Appellee/Plaintiff, Allied Physicians of Michiana, LLC (“Allied”), after Allied prevailed in a breach of contract claim against Cavallo. Cavallo and Allied were parties to an employment contract, and Allied filed a complaint against Cavallo alleging that he had breached the contract. Cavallo filed a counter-claim and a jury demand, alleging in the counter-claim that Allied, instead, had breached the contract. The trial court conducted a jury trial, and the jury found that Cavallo had breached the contract.

Subsequently, after the trial court entered judgment against Cavallo, Allied filed a petition requesting attorney fees, which was based on a fee-shifting provision in the contract. * * *

We conclude that Allied’s claim was not barred by res judicata or waiver because the issue of attorney fees could not necessarily have been raised during trial, such that res judicata or waiver should apply. We also conclude that the trial court did not err when it denied Cavallo a jury trial because Cavallo did not have a right to a jury trial on the reasonableness of attorney fees; nor did the trial court abuse its discretion in determining a reasonable amount of attorney fees to award to Allied. Finally, because it is undisputed that the contract between Cavallo and Allied provided for recovery of attorney fees, we grant Allied’s request for appellate attorney fees and remand for further proceedings so that the trial court may determine a reasonable amount.

In Pardip Singh v. State of Indiana, a 13-page opinion, Judge Mathias concludes:
For all of these reasons, we conclude that the State presented sufficient evidence to support Singh’s conviction for attempted promotion of human trafficking. We also conclude that none of Singh’s convictions are barred on double jeopardy grounds under the actual evidence test and that the trial court did not abuse its discretion in sentencing Singh.
In Jamar Washington v. State of Indiana, a 6-page opinion on rehearing, Judge Brown concludes:
We cannot say that our previous memorandum decision conflicts with the holding in Rodriguez. Accordingly, we reaffirm our previous decision.
ILB: The initial opinion, Jamar Washington v. State, from Dec. 23, 2014, was, and remains, NFP. But today's opinion on rehearing is not...

In Maurice Knight v. State of Indiana, a 9-page opinion, Judge Mathias concludes:

The State presented evidence sufficient to support Knight’s convictions for Class D felony invasion of privacy and Class D felony intimidation. Knight’s arguments on appeal are little more than a request that we consider the evidence in a light most favorable to him, reweigh the evidence, and come to a conclusion opposite that reached by the trial court as the trier of fact. This is beyond our prerogative as an appellate court. Affirmed.
NFP civil decisions today (4):

In re the paternity of T.M. T.M., by next friend, Jeffrey D. Drinkski, Newton County Prosecuting Attorney and L.M. v. D.H. (mem. dec.)

Eddie Wilkerson v. Robert R. Carr and Lawyer Transport, Inc. (mem. dec.)

In Re the Termination of the Parent-Child Relationship of: E.B. (a Minor Child) and B.H. (Father) v. Ind. Dept. of Child Services (mem. dec.)

Family Dollar Stores of Indiana, L.P., Family Dollar Holdings, Inc., and Baugo Creek Realty, LLC v. Charissa A. Heeter, Anthony P. Heeter et al (mem. dec.)

NFP criminal decisions today (5):

Emily Duncan v. State of Indiana (mem. dec.)

Demetrius Buntin v. State of Indiana (mem. dec.)

Daquion L. Shears v. State of Indiana (mem. dec.)

Emery D. Scruggs v. State of Indiana (mem. dec.)

Maurice Knight v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on August 20, 2015 10:50 AM
Posted to Ind. App.Ct. Decisions