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| Chandler v. State, 02A03-0702-PC-59,
COURT OF APPEALS OF INDIANA, October 11, 2007, Decided
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| Annexation Proposed by Ordinance No. 2004-11-38 v. Fetcko, No. 45A03-0611-CV-549,
COURT OF APPEALS OF INDIANA, October 12, 2007, Decided, October 12, 2007, Filed
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Overview: In an annexation proceeding, a city's fiscal plan satisfied the requirements of Ind. Code § 36-4-3-13(d)(2). The plan explained how a deficit would be funded, and it demonstrated that revenue from the annexation territory would be a significant source of funding for services to the territory, with the deficit covered by the city's general fund.
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| Guardianship of A.N.M. v. Jones, 91A02-0705-CV-443,
COURT OF APPEALS OF INDIANA, October 12, 2007, Decided
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| Yeager v. McManama, No. 49A02-0607-CV-614,
COURT OF APPEALS OF INDIANA, October 12, 2007, Decided, October 12, 2007, Filed
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Overview: The evidence supported a claim of constructive fraud. Defendants had represented that homes surrounding plaintiffs' would be of a comparable size and quality; plaintiffs had relied on the representations; the value of plaintiffs' homes had been lessened by being surrounded by homes of lesser size and quality; and defendants had gained advantages.
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| Pramco III, LLC v. Yoder, No. 09A02-0611-CV-992,
COURT OF APPEALS OF INDIANA, October 15, 2007, Decided, October 15, 2007, Filed
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Overview: Though a mortgagor's entire debt was not paid off, as the amounts paid by the buyer of the mortgaged property and received by the assignor of the mortgage were more than enough to amortize the original mortgage on the property, the trial court properly exercised its equitable power to deny the assignees complaint to foreclose on the property.
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| Adsit Co. v. Gustin, No. 18A02-0701-CV-90,
COURT OF APPEALS OF INDIANA, October 16, 2007, Decided
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Overview: Defendant returned seat covers to retailer because they did not match her vehicle's interior. As there was no evidence the retailer knew what vehicle the seat covers were intended for, it did not breach implied warranty of fitness for a particular purpose (Ind. Code § 26-1-2-315), and customer breached the contract by returning the seat covers.
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| Gilbert v. State, No. 49A02-0606-CR-448 n11 This case was eligible for transmission to the Indiana Court of Appeals on December 15, 2006. By oversight, it was not transmitted from the Clerk's Office to this court until September 21, 2007.,
COURT OF APPEALS OF INDIANA, October 16, 2007, Decided
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Overview: Because defendant commanded her dog to attack the victim and made no effort to call the dog off of the victim or remove the dog physically, the jury could have found that the dog did not act of its own accord and was instead used by defendant as a weapon to attack the victim. Thus, the conviction under Ind. Code § 35-42-2-1.5 was proper.
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