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| Copenhaver v. Lister, No. 54A04-0512-CV-715,
COURT OF APPEALS OF INDIANA, August 11, 2006, Decided , August 11, 2006, Filed
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Overview: Judgment against husband and wife in a replevin and conversion action was affirmed. Contrary to husband's assertions, he never became a partner in existing well-drilling partnership as contemplated by Ind. Code § 23-4-1-6(1); evidence showed husband merely worked for the partnership and was paid for the labor he provided on its behalf.
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| Davis v. State, No. 49A05-0601-CR-18,
COURT OF APPEALS OF INDIANA, August 11, 2006, Decided , August 11, 2006, Filed
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Overview: Trial court improperly relied on defendant's prior operating vehicle while intoxicated offense as aggravating factor in sentencing her, as prior conviction elevated her instant operating vehicle while intoxicated offenses to class C felonies under Ind. Code § 9-30-5-4. As result of this and defendant's responsible conduct, sentence was revised.
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| In re Ettl, No. 71S00-0503-DI-118,
SUPREME COURT OF INDIANA, August 11, 2006, Decided , August 11, 2006, Filed
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Overview: Lawyer's filing of an emergency request for custody without notice to husband, and without certification of either the lawyer's efforts to give notice or the reasons notice should not have been required established a prohibited ex parte communication with a judge in violation of Ind. R. Prof. Conduct 3.5(b).
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| In re Stephens, No. 45S00-0505-DI-244,
SUPREME COURT OF INDIANA, August 11, 2006, Decided , August 11, 2006, Filed
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Overview: Lawyer was publicly reprimanded for misconduct in violation of Ind. R. Prof. Conduct 1.5(a) in which he entered into a fee agreement which attempted to circumvent the limitation on attorney fees charged for recoveries from Patient Compensation Fund, and for a later agreement which required the client to pay a $ 10,000 non-refundable retainer.
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| Kentner v. Ind. Pub. Employers' Plan, Inc., No. 34A02-0602-CV-153,
COURT OF APPEALS OF INDIANA, August 11, 2006, Decided , August 11, 2006, Filed
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Overview: Where neither the parties, the subject matter, nor the remedies of two lawsuits were substantially the same, and the outcome of one lawsuit had no effect upon the outcome of the other, a trial court erred in dismissing an attorney's complaint under Ind. R. Trial P. 12(B)(8) in his suit pursuant to Ind. Code § 5-14-3-9(e) for access to records.
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| Newsom v. State, No. 49A02-0602-JV-159,
COURT OF APPEALS OF INDIANA, August 11, 2006, Decided , August 11, 2006, Filed
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Overview: Because appellant, a juvenile, was not a "convicted person" and the juvenile court's disposition did not constitute a "sentence," Ind. Code § 35-38-1-15 was not available to appellant as a means to challenge his juvenile disposition.
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| Roddie v. N. Am. Manufactured Homes, Inc., No. 32A01-0602-CV-72,
COURT OF APPEALS OF INDIANA, August 11, 2006, Decided , August 11, 2006, Filed
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Overview: Risk that buyers under a modular home contract would have been saddled with prohibitive costs was too speculative to justify invalidation of arbitration provision because there was no evidence of the cost of arbitration to them. Arbitration provision was not unconscionable, and buyers' claims under the contract were subject to arbitration.
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| Thornton-Tomasetti Eng'rs v. Indianapolis-Marion County Pub. Library, No. 06A01-0602-CV-75,
COURT OF APPEALS OF INDIANA, August 11, 2006, Decided , August 11, 2006, Filed
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Overview: Trial court properly denied preliminary injunctive relief to engineering company that sought injunction to allow it to conduct concrete load testing in underground garage. Company had adequate remedy at law in underlying litigation, evidence showed it had information it needed for presentation of defense, and it failed to show irreparable harm.
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| Anderson v. Four Seasons Equestrian Ctr., Inc., No. 45A05-0601-CV-26,
COURT OF APPEALS OF INDIANA, August 14, 2006, Decided , August 14, 2006, Filed
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Overview: In a case in which a rider sued an equestrian center and its owner after the rider was injured while mounting her horse, because the rider had signed a waiver agreement, defendants were immune from liability. The damages incurred by the rider were inherent in the nature of the activity of horse riding.
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| Fox v. Green, No. 48A04-0508-CV-493,
COURT OF APPEALS OF INDIANA, August 14, 2006, Decided , August 14, 2006, Filed
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Overview: Fall Creek Regional Waste District Board member did not serve at pleasure of Town Council of Ingalls pursuant to Ind. Const. art. 15, § 2. Ind. Code § 13-26-2-3(5)(C) set maximum term length, and three-year term of Board member's service was approved by Indiana Department of Environmental Management under Ind. Code § 13-26-2-8.
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