« Ind. Decisions - One from Supreme Court today | Main | Ind. Courts - Part I: Has the state-wide case tracking "wheel" already been invented in Indiana? »

Thursday, March 10, 2005

Ind. Decisions - Court of Appeals posts four today

Leissette Lehman v. Edward & Teresa Davis, et al. (3/10/05 IndCtApp) [Tax Sale]
Hoffman, Senior Judge

* * * Because the trial court’s finding that the service of Lehman’s October 25, 2002 Notice of Filing Petition for Tax Deed did not comply with the requirements of Ind. Code §6-1.1-25-4.6 is supported by the evidence, and the finding supports the judgment, the trial court’s order setting aside the tax sale is affirmed. Affirmed.
NAJAM, J., and VAIDIK, J., concur.

Dale Glasscock, et al. v. Rae Corliss (3/10/05) [Torts]
Vaidik, Judge
After Rae Corliss was terminated from employment, she won a defamation judgment against two executives of her former employer. On appeal, one executive argues that he should have received summary judgment on the defamation claim, but his statements sufficiently imputed criminality or occupational misconduct to merit consideration by a jury. The executives waived their argument that the trial court lacked personal jurisdiction because the defamatory acts occurred outside Indiana by seeking summary judgment on defamation. Their argument that damages were excessive also is unsuccessful because the law allows the jury to presume substantial damages after finding defamation per se. We therefore affirm the trial court’s judgment. * * *
KIRSCH, C.J. and NAJAM, J., concur.
TrRay McCray v. State of Indiana (3/10/05 IndCtApp) [Criminal Law & Procedure]
Darden, Judge
* * * All of McCray's criminal history was contained in the PSI, including an adjudication as a juvenile. McCray did not object to its accuracy; therefore, accepting it as correct, the trial court properly found his criminal history as an aggravator. McCray has failed to convince us that the trial court abused its discretion in this matter. We affirm.
MAY, J., concurs.
BARNES, J., concurs in result.
Commitment of L.W. (1/31/05 IndCtApp) [Involntary Commitment]
[Initially NFP]
Baker, Judge
Appellant-respondent L.W. appeals his involuntary commitment to Midtown Community Health Center (Health Center), a mental health facility. Specifically, he contends that the evidence was insufficient to support the trial court’s finding that he was dangerous or gravely disabled. Finding that Health Center did not carry its burden of proof with respect to the elements of dangerousness and grave disability, we reverse and remand with instructions to vacate the order of involuntary commitment. * * *
SHARPNACK, J., and FRIEDLANDER, J., concur.

Posted by Marcia Oddi on March 10, 2005 02:16 PM
Posted to Ind. App.Ct. Decisions