Attorneys for Appellants
Milford Miller
Calvert Miller
Diana Bauer
Fort Wayne, IN
Attorneys for Appellee
Philip Ogden
Timothy Ogden
Warsaw, IN
Thursday, May 6, 2004
11:05 a.m. Trustees of Indiana University v. University Development Group I, LLC
The Marion Superior Court entered a permanent injuction against the Trustees of Indiana
University prohibiting I.U. from breaching provisions of its lease with University Development Group
I, LLC, relating to food service on the I.U.P.U.I campus. In an
unpublished decision, the Court of Appeals affirmed the trial courts determination that I.U.
violated the lease, but it reversed the injuction and remanded for further proceedings
as to damages. Both parties have petitioned the Supreme Court to accept
jurisdiction over the appeal.
Attorneys for Trustees of Indiana University
Cory Brundage
Zeff A. Weiss
Richard A. Smikle
Edward P. Steegmann
Indianapolis, IN
Attorneys for University Development Group I, LLC
Henry J. Price
Ronald J. Waicukauski
Matthew W. Conrad
Indianapolis, IN
Thursday, May 13, 2004
9:00 a.m. C.M.L. v. Republic Services
A child who was injured while accompanying his stepfather on his garbage collection
route brought a negligence suit against the stepfather and his employer. The
Switzerland Superior Court granted summary judgment to the defendants. The Court of
Appeals reversed, holding that the suit was not barred by parental immunity.
See C.M.L. v. Republic Services, 800 N.E.2d 200 (Ind. Ct. App. 2003).
The defendants have petitioned the Supreme Court to grant transfer and assume jurisdiction
over this appeal.
Attorneys for C.M.L.
David W. Craig
Scott A. Faultless
Indianapolis, IN
Attorneys for Republic Services
Mark J. Roberts
Julia Blackwell Gelinas
Lucy R. Dollens
Indianapolis, IN
Thursday, May 13, 2004
9:45 a.m. Endres v. Indiana State Police
The State Police Board terminated the plaintiffs employment as a state trooper after
he refused to report for duty at a riverboat casino. The
Marshall Superior Court affirmed, and the Court of Appeals affirmed, holding, among other
things, that that his discharge did not violate his state constitutional right of
religious freedom. See Endres v. Indiana State Police, 794 N.E.2d 1089 (Ind.
Ct. App. 2003). The plaintiff has petitioned the Supreme Court to grant
transfer and assume jurisdiction over this appeal.
Attorney for Appellant
David Kolbe
Warsaw, IN
Attorney for Appellee
David Steiner
Indianapolis, IN
Thursday, May 13, 2004
10:30 a.m. Donald Earl Houser, Jr. v. State of Indiana
Donald Earl Houser, Jr. was convicted of murder and burglary in the Noble
Superior Court and was sentenced to life in prison with parole. He
appeals the conviction and sentence to the Indiana Supreme Court.
Attorney for Houser
David P. Freund
Deputy Public Defender
Attorney for State
Andrew A. Kobe
Deputy Attorney General
Thursday, May 20, 2004
9:00 a.m. City of North Vernon v. Jennings Northwest Regional Utility
The Jennings Superior Court entered summary judgment for regional sewer utility and against
municipality in suit over the providing sewer services to a particular area.
The Court of Appeals affirmed in North Vernon v. Jennings Northwest, 799 N.E.2d
1068 (Ind. Ct. App. 2003), vacated. The Supreme Court has granted a
petition to transfer the case, thus vacating the opinion of the Court of
Appeals, and has assumed jurisdiction over the appeal.
Attorney for Appellant
Corinne Finnerty
North Vernon, IN
Attorney for Appellee
Mary Ann Gay
Versailles, IN
Thursday, May 20, 2004
9:45 a.m. Bank of New York v. Nally
In this lien priority dispute between a bank and individual mortgage holders, the
Hamilton Superior Court granted summary judgment in favor of the individuals. The
Court of Appeals affirmed, holding that the bank had constructive notice of the
individuals' mortgage that was filed in mortgagor-mortgagee index before the deed to the
buyer was recorded. Bank of New York v. Nally, 790 N.E.2d 1071
(Ind. Ct. App. 2003), and 801 N.E.2d 688 (Ind. Ct. App. 2004) (opinion
on rehearing). The Bank has petitioned the Supreme Court to assume jurisdiction
over this appeal.
Attorneys for Bank of New York
Craig Doyle
Joanne Friedmeyer
James Shoemaker
Indianapolis, IN
Attorneys for Tod Owens
Michael Farrer
Christopher Cody
Elwood, IN
Patrick Ragains
Anderson, IN