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| A.B. v. State, No. 67A01-0609-JV-372,
COURT OF APPEALS OF INDIANA, April 9, 2007, Decided , April 9, 2007, Filed
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Overview: Juvenile's delinquency adjudication for harassment arising out of posting on schoolmate's personal web page was reversed based on Ind. Const. art. I, § 9, free speech considerations; adjudication restricted an expressive activity, and speech involved -- criticism of principal's body piercing policy -- was political speech protected by art. I, § 9.
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| Barber v. State, No. 49A02-0608-CR-689,
COURT OF APPEALS OF INDIANA, April 9, 2007, Decided , April 9, 2007, Filed
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Overview: The evidence supported defendant's convictions for vehicular homicide and failure to stop, and his sentences were not an abuse of discretion. Ind. Code § 35-50-2-1.3 did not limit the trial court's ability to impose consecutive sentences beyond limits in Ind. Code § 35-50-1-2(c), so consecutive maximum reckless homicide sentences were not error.
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| Davis v. State, No. 45A05-0607-CR-368,
COURT OF APPEALS OF INDIANA, April 9, 2007, Decided , April 9, 2007, Filed
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Overview: Evidence sufficiently sustained defendant's conviction for dealing in cocaine as a class B felony in violation of Ind. Code § 35-48-4-1; defendant was found leaning over the inside a wishing well, both his hands were found inside of the wishing well, baggie containing cocaine had been freshly placed there, and money was found nearby on the ground.
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| Blasius v. Wilhoff, No. 02A03-0609-CV-402,
COURT OF APPEALS OF INDIANA, April 10, 2007, Decided , April 10, 2007, Filed
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Overview: Prospective adoptive parents were properly granted custody of a child who had lived with them since her birth, as evidence supported trial court's findings that child had significant emotional bond with them and responded to them as parents, and that the biological father had a criminal record, associated with a criminal, and had unstable finances.
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| Cincinnati Ins. Co. v. Second Injury Fund, No. 93A02-0605-EX-429,
COURT OF APPEALS OF INDIANA, April 11, 2007, Decided , April 11, 2007, Filed
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Overview: Employee's application for payment of medical expenses from Indiana's Second Injury Fund was properly denied because, in enacting Ind. Code § 22-3-3-32, the Indiana Legislature did not intend to shift the obligation for permanently totally disabled workers' medical expenses to the Fund or to limit an employer's liability for medical expenses.
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| Cooper Indus., LLC v. City of S. Bend, No. 49A04-0511-CV-637,
COURT OF APPEALS OF INDIANA, April 11, 2007, Decided , April 11, 2007, Filed
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Overview: Trial court erred in finding city could maintain claims against corporate successor under common law tort theories of negligence, trespass, public and private nuisance, as well as Indiana Environmental Legal Action Statute, Ind. Code § 13-30-91 et seq., as all of those claims were barred by Ind. Code § 34-11-2-7's six-year limitations period.
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| Ramsey v. Ramsey, No. 68A05-0608-CV-461,
COURT OF APPEALS OF INDIANA, April 11, 2007, Decided , April 11, 2007, Filed
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Overview: Remand was required when the trial court, in making findings and conclusions under Ind. Code § 31-17-5-6, had not specifically addressed the presumption that a father was acting in his child's best interests by denying her grandparents visitation; moreover, there was doubt as to whether it had found that the grandparents overcame the presumption.
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| First Nat'l Bank & Trust v. Indianapolis Pub. Hous. Agency, No. 34A02-0610-CV-865,
COURT OF APPEALS OF INDIANA, April 13, 2007, Decided , April 13, 2007, Filed
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Overview: Indiana's Lender Liability Act, Ind. Code § 26-2-9 et seq., was inapplicable to a suit filed by the Indianapolis Public Housing Authority (IHA) against a bank to recover funds that the bank had disbursed to IHA's contractor from an escrow account, because IHA was not a "debtor" as defined by Ind. Code § 26-2-9-3.
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| HomEq Servicing Corp. v. Baker, No. 25A03-0608-CV-383,
COURT OF APPEALS OF INDIANA, April 13, 2007, Decided , April 13, 2007, Filed
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Overview: Because trial court failed to issue order granting mortgagees' motion to correct error within 30 days of the hearing, it improperly granted motion as it was deemed denied pursuant to Ind. R. Trial P. 53.3(A); mortgagees could not cross-appeal for review of the underlying summary judgment as they did not initiate the appeal from the deemed denial.
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| Millsaps v. Ohio Valley Heartcare, Inc., No. 82A05-0603-CV-159,
COURT OF APPEALS OF INDIANA, April 13, 2007, Decided , April 13, 2007, Filed
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Overview: Medical practice was not allowed to enforce non-compete portion of employment agreement against doctors because, although agreement provided that all billing and collection services were to be provided by the medical practice, the medical practice breached the agreement by failing to provide timely and competent billing and collection services.
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