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| Coffman v. Olson & Co., P.C., No. 53A04-0705-CV-252,
COURT OF APPEALS OF INDIANA, August 20, 2007, Decided, August 20, 2007, Filed
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Overview: The trial court properly denied defendants' motion to transfer venue based on Ind. R. Trial P. 75(A)(4). Although defendants had only a nonexclusive right to use a Monroe County office and did not have equipment or a secretary there, they saw clients there, listed it on their stationery and on their website, and advertised their availability there.
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| Blixt v. State, No. 67A01-0704-CR-155,
COURT OF APPEALS OF INDIANA, August 21, 2007, Decided, August 21, 2007, Filed
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Overview: Since defendant was 46 at the time of the offense, communicated with the 15-year-old victim by exchanging emails and instant messages, told the victim he was 26, and took her to a mobile home for several days, during which time they engaged in oral sex and fondling, a six year sentence was appropriate for his conviction under Ind. Code § 35-50-2-6.
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| Breining v. Harkness, No. 49A04-0611-CV-649,
COURT OF APPEALS OF INDIANA, August 21, 2007, Decided, August 21, 2007, Filed
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Overview: Because the element of conversion was negated by showing that the recipient of funds from a couple's checking acount did not exert "unauthorized" control over the funds, summary judgment was proper as to the Ind. Code § 34-24-3-1 claim. As there was no good faith argument to support the continued action, an award of attorney's fees was proper.
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| Kempf v. St. Paul Reinsurance Co., No. 82A01-0611-CV-486,
COURT OF APPEALS OF INDIANA, August 21, 2007, Decided, August 21, 2007, Filed
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Overview: When a seller under an installment sales contract was the named insured, it was error to hold that the insurer was required to pay him only the amount due under the installment contract. Between an insured and the insurer, the insured seller was entitled to recover insurance proceeds for the full value of the property for which he paid premiums.
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| Atterholt v. Robinson, No. 49A02-0701-CV-43,
COURT OF APPEALS OF INDIANA, August 22, 2007, Decided, August 22, 2007, Filed
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Overview: When a settlement did not specify whether damages were awarded under the Survival Act or the Adult Wrongful Death Statute, the Patient Compensation Fund, which was to pay excess damages under Ind. Code § 34-18-15-3, should have been allowed to contest the theory of recovery. The error was harmless, however, because the Fund's evidence was admitted.
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| Miller Beach Invs., LLC v. Dep't of Local Gov't Fin., Cause Nos. 49T10-0602-TA-14, 49T10-0602-TA-15, 49T10-0602-TA-16,
INDIANA TAX COURT, August 22, 2007, Decided, August 22, 2007, Filed
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Overview: Indiana Tax Court, under Ind. Code Ann. § 33-26-6-6(e), found that the Indiana Board of Tax Review properly upheld assessments for parcels of land in a tax year because the only evidence of the parcels' market values-in-use, under Ind. Code Ann. § 6-1.1-31-6, for the tax year was the Indiana Department of Local Government Finance's assessments.
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| New Albany Residential, Inc. v. Hupp, No. 22A01-0703-CV-127,
COURT OF APPEALS OF INDIANA, August 22, 2007, Decided, August 22, 2007, Filed
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Overview: When a realty company that filed a breach of contract suit against its manager had not been a party to a related suit brought by the manager against the previous owners of the company's franchise and was not required to have been joined in that suit, its present claim against the manager was not a compulsory counterclaim under Ind. R. Trial P. 13.
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