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Friday, April 29, 2016

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 10 NFP memorandum decision(s))

For publication opinions today (1):

In P & P Home Services, LLC v. Review Board of the Indiana Dept. of Workforce Development and Cynthia Hutcherson, a 7-page opinion, Judge Bailey writes:

P & P Home Services, LLC (“P & P”) appeals a decision of the Review Board of the Indiana Department of Workforce Development (“Review Board”) finding P & P’s former employee, C.H., to be eligible for unemployment compensation benefits. P & P presents the sole issue of whether the Board’s decision is contrary to law. We reverse and remand to the Review Board for further proceedings. * * *

The Review Board reached its decision based upon the premise that the employment relationship at issue was one of a temporary employer and temporary employee. Finding the relationship severed as a matter of law, the Review Board did not consider whether a permanent employment relationship was voluntarily severed by the employee. Accordingly, we remand for a factual determination of whether, in light of the communications between the parties and the surrounding circumstances, C.H. voluntarily left her employment without good cause. Reversed and remanded.

NFP civil decisions today (2):

In Jennifer Farr v. New Life Associates, P.C. and Planned Parenthood of Indiana, Inc., Steven Sams (mem. dec.), a 13-page opinion, Judge Robb writes:

Jennifer Farr filed a complaint against Planned Parenthood of Indiana, Inc. (“Planned Parenthood”) alleging public disclosure of private facts, breach of physician-patient privilege, negligent infliction of emotional distress, and negligent supervision after Planned Parenthood released her medical records to the Putnam County Prosecutor’s Office pursuant to a subpoena duces tecum issued by the Putnam Superior Court. The trial court granted summary judgment in favor of Planned Parenthood. Thereafter, Planned Parenthood filed a motion for attorney’s fees, arguing Farr’s claims were “frivolous, unreasonable, or groundless” under Indiana Code section 34-52-1-1(b). The trial court granted Planned Parenthood’s motion and ordered Farr’s attorney, Steven Sams, to pay $11,145.00 in attorney’s fees.

Sams appeals the trial court’s order awarding attorney’s fees, raising two issues: (1) whether Planned Parenthood waived its claim for attorney’s fees, and (2) whether the trial court erred in concluding Farr’s claims were “frivolous, unreasonable, or groundless.” Finding no error, we affirm the trial court’s order awarding attorney’s fees to Planned Parenthood.

Roger A. Andrick v. Angela L. Andrick (mem. dec.)

NFP criminal decisions today (8):

Alvin Richard v. State of Indiana (mem. dec.)

John F. Harris v. State of Indiana (mem. dec.)

Ryan James Shelley v. State of Indiana (mem. dec.)

Jason L. Holland v. State of Indiana (mem. dec.)

Sattore E. Cooper v. State of Indiana (mem. dec.)

Andrew Tyler Fisher v. State of Indiana (mem. dec.)

Theodore Hannibal v. State of Indiana (mem. dec.)

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

Posted by Marcia Oddi on April 29, 2016 11:22 AM
Posted to Ind. App.Ct. Decisions