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| Bambi's Roofing, Inc. v. Moriarty, No. 43A03-0605-CV-213,
COURT OF APPEALS OF INDIANA, December 12, 2006, Decided , December 12, 2006, Filed
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Overview: Client's negligence action was barred by limitations period contained in Accountancy Act of 2001, Ind. Code § 25-2.1-1-1 et seq., as, inter alia, client's cause resulted from agreement to provide professional services, discovery of negligence occurred almost two years before action was filed, and continuous representation doctrine was inapplicable.
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| Briles v. Wausau Ins. Cos., No. 10A04-0605-CV-244,
COURT OF APPEALS OF INDIANA, December 12, 2006, Decided , December 12, 2006, Filed
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Overview: Insurance company had no duty to provide coverage for traffic accident because, at time of the accident, insured's employee was violating express restrictions on the use of the van involved in the accident. The employee was aware of restriction on van's use, as he had requested, and was denied, permission from his supervisor to take the trip.
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| Daugherty v. Robinson Farms, Inc., No. 42A04-0603-CV-159,
COURT OF APPEALS OF INDIANA, December 12, 2006, Decided , December 12, 2006, Filed
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Overview: Pursuant to Ind. R. Trial P. 38(B), a trial court had discretion to allow a belated demand for a jury trial, but only if the parties had entered into a written agreement to a trial by jury. Because the parties did not enter into such a written agreement, the trial court properly reversed its grant of a farmer's belated jury trial demand.
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| Heidbreder, Inc. v. Bd. of Zoning Appeals, No. 45A03-0603-CV-136,
COURT OF APPEALS OF INDIANA, December 12, 2006, Decided , December 12, 2006, Filed
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Overview: Because Ind. Code § 36-7-4-918.6 applied to municipalities within the counties to which it applied, the trial court erred when it found that the statute did not apply a municipality located within Lake County. Since the city council voted within ninety days after the Board of Zoning Appeals made its recommendation, the special permit was granted.
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| Ledden v. Kuzma, No. 45A04-0604-CV-192,
COURT OF APPEALS OF INDIANA, December 12, 2006, Decided , December 12, 2006, Filed
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Overview: Award of attorney fees pursuant to Ind. R. Trial P. 37 based on an owner's opposition to plaintiffs' motion for a protective order barring the owner's expert from attending a deposition was improper because plaintiffs' motion was unsupported by affidavits or other evidence. The owner was substantially justified in opposing plaintiffs' motion.
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| Robinson v. Robinson, No. 06A01-0510-CV-458,
COURT OF APPEALS OF INDIANA, December 12, 2006, Decided , December 12, 2006, Filed
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Overview: Trial court's order directing husband to tender an amended QDRO providing that husband's monthly pension benefit should not have been reduced by more than $ 1423 and that the wife was to receive the resulting benefit there from was an improper modification of the parties' settlement agreement and the trial court's final dissolution decree.
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| Van Wieren v. Van Wieren, No. 45A05-0603-CV-112,
COURT OF APPEALS OF INDIANA, December 12, 2006, Decided , December 12, 2006, Filed
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Overview: As each parent attempted to alienate their children from the other, an award of sole custody to either would have awarded that parent for disrespectful and distasteful behavior; therefore, the trial court did not abuse its discretion under Ind. Code § 31-17-2-21 in maintaining split physical custody arrangement, with father as sole legal custodian.
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| Abney v. State, No. 49A02-0603-CR-267,
COURT OF APPEALS OF INDIANA, December 13, 2006, Decided , December 13, 2006, Filed
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Overview: Defendant was properly convicted of operating a vehicle while intoxicated causing death as a Class B felony, a violation of Ind. Code § 9-30-5-5, because the evidence of blood, skin, and hair on the front of his car and his car's deployed airbag was sufficient to allow a jury to determine that he had struck and killed a bicyclist.
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| Creekmore v. State, No. 43A03-0509-CR-466,
COURT OF APPEALS OF INDIANA, December 13, 2006, Decided , December 13, 2006, Filed
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Overview: Although a prosecutor's collection fee was not authorized under Ind. Code Ann. § 33-37-4-1 for check deception in violation of Ind. Code Ann. § 35-43-5-5, a collection fee might be imposed where it was authorized by the Indiana Home Rule statute, Ind. Code Ann. § 36-1-3-2, and a valid county ordinance authorizing the collection fee.
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| Holcomb v. Walter's Dimmick Petroleum, Inc., No. 76S04-0604-CV-138,
SUPREME COURT OF INDIANA, December 13, 2006, Decided , December 13, 2006, Filed
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Overview: In an action for false arrest and defamation, a gas station clerk and owner were entitled to qualified privilege for the clerk's statements to police that someone operating a specifically identified vehicle had driven off without paying for his gasoline because no evidence existed that the clerk's statements were made without belief in their truth.
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