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| Bohlander v. Bohlander, No. 48A04-0705-CV-291,
COURT OF APPEALS OF INDIANA, October 22, 2007, Decided
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Overview: Ex-husband's appeal of a December 29, 2006 post-dissolution order was dismissed as untimely; while time for appeal was extended under Ind. R. App. P. 9 when the ex-wife filed a motion to correct error, the ex-husband failed to file his appeal within 30 days of the order granting the motion to correct error.
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| Butler v. Ind. Dep't of Ins., No. 49A05-0612-CV-742,
COURT OF APPEALS OF INDIANA, October 22, 2007, Decided
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Overview: Estate's suit against the Indiana Patient Compensation Fund, seeking to recover the decedent's unpaid medical expenses that had been written off, failed because under Ind. Code § 34-23-1-2, the estate was entitled to recover only the actual pecuniary loss incurred as a result of the decedent's medical expenses.
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| Crist v. South-West Lake Maxinkuckee Conservancy Dist. (In re Creation of South-West Lake Maxinkuckee Conservancy Dist.), No. 50A04-0612-CV-694,
COURT OF APPEALS OF INDIANA, October 22, 2007, Decided
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Overview: An order creating a conservancy district for part of a lake was upheld as the remonstrators' petition contained only 50.9 percent of the freeholders' signatures, which was less than the 51 percent required to dismiss the petition under Ind. Code § 14-33-2-15, and the finding that the district would serve the public health was not clearly erroneous.
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| Florio v. Tilley, No. 64A03-0704-CV-179,
COURT OF APPEALS OF INDIANA, October 22, 2007, Decided
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Overview: It was not shown that a second driver had proximately caused the first driver's injuries. There was no evidence that the second driver had any time to react to a third driver's loss of control of his vehicle, and if allegedly excessive speed did no more than bring drivers to the same location at the same time, this did not show proximate cause.
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| Guzik v. Town of St. John, No. 37A03-0701-CV-46,
COURT OF APPEALS OF INDIANA, October 22, 2007, Decided
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Overview: Trial court properly ordered various portions of former police chief's affidavit to be stricken from the record in a case where he sought relief from his resignation as police chief, as his statements were argumentative, not based on personal knowledge, and contained legal conclusions a witness could not testify to, pursuant to Ind. R. Evid. 704.
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| Lewis-Levett v. Day, No. 50A03-0705-CV-199,
COURT OF APPEALS OF INDIANA, October 22, 2007, Decided
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Overview: As 60 percent of defendant's home was used for business purposes, and she could have up to 12 vehicles entering and exiting her subdivision twice daily to drop off and pick up children, her licensed day care operation constituted a commercial use of her home and was thus prohibited by restrictive covenants.
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| Pardue v. Smith, No. 32A01-0612-CV-576,
COURT OF APPEALS OF INDIANA, October 22, 2007, Decided
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Overview: Judgment was affirmed as buyers did not put opposing parties on notice that common law dedication was at issue. Buyers failed to specify that they believed evidence supported common law dedication claim when making their motion to conform pleadings to evidence.
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| Pinnacle Props. Dev. Group v. City of Jeffersonville, No. 10A01-0610-CV-422,
COURT OF APPEALS OF INDIANA, October 22, 2007, Decided
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Overview: A city could not collect sewer fees owed by tenants by transferring the overdue balance without notice to the landlord's account. A city ordinance did not prescribe a collection procedure, and Ind. Code ch. 36-9-23 did not authorize a municipality to collect a delinquent sewer bill by any other means besides those specified.
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| State v. Washington, No. 02A03-0703-CR-124,
COURT OF APPEALS OF INDIANA, October 22, 2007, Decided
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Overview: Officer violated defendant's right to be free from unreasonable searches and seizures under Ind. Const. art. 1, § 11, when the officer asked defendant if he was in possession of drugs during a permissible traffic stop; the officer's inquiry was not related either to the purpose of the stop or to officer safety and extended the duration of the stop.
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| Storey v. State, No. 20A03-0607-CR-317,
COURT OF APPEALS OF INDIANA, October 22, 2007, Decided
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Overview: Convictions of possession of methamphetamine in excess of three grams with intent to deliver and manufacture of methamphetamine in excess of three grams did not violate the Ind. Const. art. I, § 14 double jeopardy clause because the State parsed evidence of finished and unfinished product, and thus sufficiently distinguished the two offenses.
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