NOVEMBER 2003 SITTING

OF THE INDIANA SUPREME COURT



Thursday, November 6, 2003

9:00 a.m.     Michael E. Highhouse, M.D. v. Midwest Orthopedic Institute

Plaintiff alleges that Defendant failed to make certain bonus payments after he left his employment with Defendant, in violation of their contract and Indiana’s Wage Payment Statute. The Wayne Circuit Court, Special Judge Barbara A. Harcourt, granted Defendant’s motion for partial summary judgment. The Court of Appeals reversed, holding that that Defendant was obligated to make the payments and that the bonus was a “wage” under the Wage Payment Statute. See Highhouse v. Midwest Orthopedic Institute, 782 N.E.2d 1006 (Ind. Ct. App. 2003). The Supreme Court has granted transfer, vacating the opinion of Court of Appeals, and has assumed jurisdiction over this appeal.

                Attorneys for Highhouse
                Jeffrey Gaither
                Thomas Wendt
                Indianapolis, IN

                Attorneys for Midwest
                Karl Mulvaney
                Nana Quay-Smith
                Candace Sage
                Indianapolis, IN


Thursday, November 6, 2003

9:45.a.m.     Jesse E. Robinson v. State of Indiana

The Lake Superior Court denied Jesse Robinson’s motion to correct erroneous sentence. On rehearing, the Court of Appeals withdrew its initial opinion and affirmed. Robinson v. State, 789 N.E.2d 965 (Ind. Ct. App. 2003). The Supreme Court granted transfer, vacated the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal.

                Attorney for State
                Zachary Stock
                Indianapolis, IN

                Attorney for Amicus Public Defender Council
                Larry Landis
                Indianapolis, IN

                Attorneys for Amicus Prosecuting Attorneys Council
                John F. Sievers
                Vincennes, IN
                Stephen J. Johnson
                Indianapolis, IN

Monday, November 10, 2003

1:00 p.m.     David Hall v. Fred Boushehry d/b/a Oakwood Homes

David Hall was injured when he fell off a roof while working. Hall was an employee of a subcontractor hired by Oakwood Homes, the general contractor on the construction job. Hall sued Oakwood Homes. The Marion Superior Court granted summary judgment to Oakwood Homes. The Court of Appeals affirmed. Hall v. Boushehry, No. 49A02-0210-CV-825 (Ind. Ct. App. April 29, 2003). Hall petitions to transfer jurisdiction to the Supreme Court.

Attorneys for David Hall
John F. Townsend, III
James R. Recker, II
Indianapolis, IN

Attorney for Fred Boushehry
Eric D. Johnson
Indianapolis, IN

Monday, November 10, 2003

1:45 p.m.     Keith Patton v. State of Indiana

The Marion Superior Court denied Keith Patton’s petition seeking post-conviction relief. The Court of Appeals affirmed in part and reversed in part. The Indiana Supreme Court denied Patton’s petition seeking transfer of jurisdiction but granted the State’s petition. The Court of Appeals decision reported at 789 N.E.2d 968 is vacated and the Supreme Court has assumed jurisdiction over the appeal.

                Attorney for Patton
                Daniel M. Grove
                Indianapolis, IN

                Attorney for State
                Ellen H. Meilaender
                Indianapolis, IN


Monday, November 24, 2003

9:00 a.m.     Indiana Department of Revenue v. 1 Stop Auto Sales, Inc.

The Indiana Department of State Revenue denied 1 Stop Auto Sales’ claims for refund of sales tax paid on receivables later written off as bad debt. The Tax Court held that 1 Stop was entitled to refunds and remanded to the Department of State Revenue to determine the amount, consistent with its opinions. 1 Stop Auto Sales, Inc. v. Ind. Dep’t of State Revenue, 779 N.E.2d 614 (Ind. Tax Ct. 2002), reh’g granted in part, 785 N.E.2d 672 (Ind. Tax Court. 2003). The Supreme Court has granted review.

Attorney for 1 Stop Auto Sales, Inc.
B. Keith Shake
Indianapolis, IN

                Attorney for Indiana Department of State Revenue
Nandita G. Shepherd
                Indianapolis, IN


Monday, November 24, 2003

9:45 a.m.     New Welton Homes v. Eckman and Green

The Eckmans sued New Welton Homes for alleged defects in the installation of a modular home. New Welton Homes moved for summary judgment based on a contractual one-year period of limitation. The Grant Circuit Court denied the motion, and the Court of Appeals affirmed. See New Welton Homes v. Eckman, 786 N.E.2d 1172 (Ind. Ct. App. 2003). The Supreme Court has granted transfer, vacating the opinion of Court of Appeals, and has assumed jurisdiction over this appeal.

                    Attorney for New Welton Homes
                    Mark E. Spitzer
                    Marion, IN

                    Attorney for Eckman
                    Joseph W. Eddingfield
                    Wabash, IN