“Open plea” of guilty to multiple OWI charges did not waive defendant’s double-jeopardy challenge to those convictions.
Curtis v. State, No. 18A02-1501-CR-59, ___ N.E.3d ___ (Ind. Ct. App., Aug. 26, 2015).
Robbing a pharmacist of painkillers, robbing a pharmacy technician of her car keys, then stealing the technician’s car parked outside the pharmacy, were separate and distinct criminal acts and did not amount to a “single larceny.”
Huntington Nat’l Bank v. Car-X Assoc. Corp., No. 64S04-1504-MF-187, __ N.E.3d __ (Ind., Aug. 21, 2015).
Affirm the trial court’s denial of defendant’s motion to set aside the default judgment under T.R. 60(B)(1) for excusable neglect, but remands to the trial court to reconsider whether equitable reasons support granting the motion under T.R. 60(B)(8).
Goodrich Quality Theaters, Inc. v. Fostcorp Heating & Cooling, Inc., No. 64S03-1504-PL-227,__ N.E.3d __ (Ind., Aug. 26, 2015).
Under Indiana’s mechanic’s lien statute, lienholders are entitled to collect attorney’s fees incurred in foreclosing upon their liens from a party who posts a surety bond securing the liens.
SCI Propane, LLC v. Frederick, No. 55S04-1508-PL-501,__ N.E.3d __ (Ind., Aug. 27, 2015).
Attorneys’ fees are not recoverable under the General Wrongful Death Statute as a form of damages when the decedent is survived by a spouse and/or dependents.