The Indiana Law Blog: Ind. Decisions - Court of Appeals issues 2 today (and 14 NFP)

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Tuesday, August 28, 2007

Ind. Decisions - Court of Appeals issues 2 today (and 14 NFP)

For publication opinions today (2):

In Johnny Melvin Holland v. Raymond Rizzo, Valerie Parker, Thor Miller and Randall Gentry, an 11-page opinion, Judge Sharpnack writes:

Johnny Melvin Holland appeals the trial court’s dismissal of his complaint against the members of the Indiana Parole Board (“Parole Board”). Holland raises one issue, which we revise and restate as: I. Whether the trial court abused its discretion by treating the Parole Board’s motion as a motion to dismiss rather than a motion for summary judgment; II. Whether the trial court erred by concluding that Holland was not eligible for parole consideration under Ind. Code § 11-13-3-2; and III. Whether the trial court erred by concluding that Holland was not subjected to cruel and unusual punishment in violation of the Eighth Amendment. We affirm.

In Carol Bay and David Bay v. Michael Pulliam and Cardinal Transportation, LLC, a 6-page opinion concerning binding settlement offers, Senior Judge Sullivan writes:

In the case before us, Zurich did not ascertain that the Nunn Office had authority to approve the $16,700 settlement offer, it merely assumed that to be the case. Accordingly, Zurich acted at its peril with regard to the settlement.

For the reasons heretofore stated, we conclude that the acceptance of the settlement by Claims Manager Pryor was not binding upon the Bays. The Order of the Marion Superior Court is therefore reversed and the case is remanded for further proceedings.

NFP civil opinions today (2):

In Ace Radiator Works, John Wood, Penny Wood and Ace Radiator, Inc. v. Dennis Runkle and Davenport Insurance Agency, Inc. (NFP) , a 6-page opinion, Judge Kirsch writes:

Ace Radiator Works, John Wood, Penny Wood, and Ace Radiator, Inc. (collectively “Ace”) appeal the trial court’s grant of summary judgment to Dennis Runkle and Davenport Insurance Agency, Inc. (collectively “Runkle”). Ace raises the following dispositive issue: whether the trial court erred in granting summary judgment on the basis that its claims against Runkle were barred by the statute of limitations. We affirm. * * *

Assuming a duty by Runkle and a breach of that duty, we conclude that the information contained in these annual statements was sufficient to put Ace on notice that a claim existed against Runkle. When Ace began receiving annual reports from Cincinnati Life that did not conform to the original projection by Runkle, it knew of or, in the exercise of ordinary diligence, could have discovered the alleged breach by Runkle. Therefore, under either a two-year or a ten-year statute of limitations, Ace’s claims were barred because they were not raised within the limitations period. The trial court did not err when it granted summary judgment in favor of Runkle.

Rhonda Dammeyer v. Jerald Miller (NFP) - "In summary, we conclude, based upon Miller’s designated evidence, that questions of fact exist as to whether Miller committed attorney malpractice. Thus, the trial court erred by granting summary judgment to Miller. Because we conclude that the trial court erred by granting summary judgment to Miller based on the designated evidence, we need not address Rhonda’s argument that the trial court erred by failing to consider the application of Indiana Trial Rule 6(B)(2) to Rhonda’s belated response to Miller’s motion for summary judgment. For the foregoing reasons, we reverse the trial court’s grant of summary judgment to Miller and remand for proceedings consistent with this opinion."

NFP criminal opinions today (12):

Walter Blake, Jr. v. State of Indiana (NFP)

Douglas Bullock v. State of Indiana (NFP)

Christopher Gray v. State of Indiana (NFP)

Robert Schutz v. State of Indiana (NFP)

Christopher J. Mathis v. State of Indiana (NFP)

Reginald Orrin Sistrunk v. State of Indiana (NFP)

Arnold Burton v. State of Indiana (NFP)

Howard Harris v. State of Indiana (NFP)

Donald W. Snover v. State of Indiana (NFP)

Tabrina Watts v. State of Indiana (NFP)

John R. Crump v. State of Indiana (NFP)