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| Bowlers Country Club, Inc. v. Royal Links USA, Inc., No. 71A05-0508-CV-453,
COURT OF APPEALS OF INDIANA, FIFTH DISTRICT, May 3, 2006, Decided
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Overview: Where, after defendant filed breach of contract suit in Iowa, plaintiff filed suit in Indiana seeking rescission, dismissal of Indiana suit on comity grounds was appropriate. Plaintiff was to have chance in Iowa court to make complete presentation of its arguments, and dismissal avoided potential for conflicting results or repeated litigation.
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| Carter v. Property Owners Ins. Co., No. 27A02-0511-CV-01035,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, May 3, 2006, Decided
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Overview: Trial court erred in granting summary judgment to the insurance company on its declaratory judgment action seeking a determination that it was not liable to provide insurance coverage regarding the claimant's alleged injuries; application of Moberly analysis showed genuine issue of fact about whether he was an employee or independent contractor.
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| Ellenwine v. Fairley, No. 71S03-0605-CV-164,
SUPREME COURT OF INDIANA, May 3, 2006, Decided
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Overview: While the parents of a deceased child, who died a little past the age of two, could not proceed with an Indiana Medical Malpractice Act, Ind. Code § 34-18-1-1 et seq., claim as it was barred by the Indiana Survival Statute, Ind. Code § 34-9-3-1 et seq., they could proceed under Indiana's Child Wrongful Death Act, Ind. Code § 34-23-2-1.
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| In re Belleperche, Case No. 02S00-0508-DI-375,
SUPREME COURT OF INDIANA, May 3, 2006, Decided , May 3, 2006, Filed
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Overview: Because an attorney admitted to violating his probation, it was revoked and the attorney was suspended from the practice of law for six months without automatic reinstatement; the attorney would have to petition for reinstatement pursuant to Ind. R. Admis. Bar & Disc. Att'ys 23, §4.
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| Metro. Dev. Comm'n v. Pinnacle Media, LLC, No. 49S05-0511-CV-510,
SUPREME COURT OF INDIANA, May 3, 2006, Decided
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Overview: Where the county enacted an ordinance that required billboard location permits for billboards erected in interstate highway rights-of-way, the media company, which sought to erect billboards in an interstate highway right-of-way, was subject to the ordinance, as the ordinance was in effect 11 months before the media company began construction.
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| Patterson v. State, No. 18A02-0507-CR-651,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, May 3, 2006, Decided
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Overview: Defendant's arrest record and continued association with known criminal supported finding substantial risk defendant would commit another crime. Trial court did not abuse discretion in failing to assign greater mitigating weight to defendant's acceptance of responsibility, as defendant undervalued significance of agreement to drop other charges.
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| Shanabarger v. State, No. 41A05-0508-PC-452,
COURT OF APPEALS OF INDIANA, FIFTH DISTRICT, May 3, 2006, Decided
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Overview: As defendant failed to establish the ineffectiveness of his trial counsel, where, among other things, any error his attorney might have committed in arranging the meeting between defendant and his sister and brother-in-law did not prejudice defendant in view of his other admissions of guilt, the judgment denying post-conviction relief was affirmed.
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| White v. State, No. 48A02-0505-CR-383,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, May 3, 2006, Decided
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Overview: Finding subject property was purchased for use as residence and thus was dwelling was sufficient to support arson and burglary convictions. Giving impermissible mandatory instruction was not reversible error where it was accompanied by contemporaneous instruction informing jury it was judge of law and facts as provided in Ind. Const. art. I, § 19.
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| Williams v. Riverside Cmty. Corr. Corp., No. 49A02-0508-CV-732,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, May 3, 2006, Decided
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Overview: It was error to hold under Indiana's Wage Claims Statute that when an employer terminated an at-will employee, it could reduce her hourly wage for her final pay period to the minimum wage rate. The hourly wage was a term of the employment contract, and hourly pay indefeasibly vested in an employee upon her performance of labor for an employer.
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