Appellant/Plaintiff Paul M. Davis appeals from the trial court's grant of summary judgment in favor of Appellee/Defendant All American Siding & Windows, Inc. ("All American"). Davis contends that All American is obligated to pay him commissions he allegedly earned before terminating his employment with All American and that those commissions are subject to the Indiana Wage Payment Statute. We reverse and remand with instructions... FACTS AND PROCEDURAL HISTORY... On April 3, 2006, All...  

Case Summary... Kristie Thompson and Dennis Brown appeal the involuntary termination of their respective parental rights to their son, C.T. We affirm... Issues... The parents raise separate issues on appeal, which we consolidate and restate as:... I. whether the juvenile court's judgment terminating Thompson's and Brown's parental rights is supported by clear and convincing evidence; and... II. whether Brown was denied due process of law when the juvenile court denied his motion to continue......  

Case Summary and Issues... Janice and Burdette Ramer appeal the trial court's special findings of fact and conclusions of law granting interlocutory judgment in favor of Betty Smith and ordering partition of the property in question. The Ramers raise three issues on appeal: 1) whether the trial court erred when it determined that the Ramers, as tenants by the entireties, and Betty each hold a one-half joint tenancy interest in the property; 2) whether the trial court erred when it refused to...  

STATEMENT OF THE CASE... Vicky Heaphy appeals the trial court's determination that a 1957 Chevrolet Corvette (the "Corvette") was a gift to Randy Ogle, the executor of the Estate of Stuart Terry (the "Estate")... We affirm... ISSUES... 1. Whether the trial court erred in not appointing a special personal representative to examine Ogle's petition to determine ownership of the Corvette... 2. Whether the trial court erred in determining that Terry had made an inter vivos gift of...  

Melinda Loveless was charged with murder and a number of other crimes, and she agreed to plead guilty to murder, arson as a Class A felony, and criminal confinement as a Class B felony. She sought post-conviction relief on the grounds her counsel was ineffective for pressuring her to sign the plea agreement by representing she might otherwise face the death penalty; she was a minor and therefore could not enter into a plea agreement; and the Indiana Penal Code is unconstitutional. The...  

James J. Romanowski ("James") and Ryan J. Romanowski ("Ryan") (collectively "the Romanowskis") appeal from the trial court's order finding: (1) in favor of Giordano Management Group, LLC ("GMG") on its complaint against the Romanowskis; (2) in favor of GMG on the Romanowskis' counterclaim; and (3) in favor of James Giordano ("Giordano") on the Romanowskis' third-party claim. The Romanowskis raise the following issue for our review: whether the trial...  

Kevin Burke appeals the trial court's denial of his petition contesting the election of Duke Bennett for mayor of Terre Haute. Burke raises one issue, which we revise and restate as:... I. Whether Bennett was ineligible under Indiana's election contest statutes; and... II. Whether Burke must be declared elected pursuant to Ind. Code § 31-2-8-17... On cross appeal, Bennett raises one issue, which we revise and restate as whether Bennett was subject to the Little Hatch Act, 5 U.S.C. §...  

The Indiana Medical Malpractice Act provides for an occurrence-based statute of limitations, i.e., a medical malpractice claim must be filed within two years after the act or omission alleged to constitute malpractice. We have held that the statute is constitutional on its face but may violate the Indiana Constitution if applied to a plaintiff who despite exercise of reasonable diligence does not learn of the injury or malpractice before the period expires. We elaborate what exercise of...  

T.D. has filed a petition for rehearing asking that we reconsider our holding that T.D. waived review of her claim that the State presented insufficient evidence to support her juvenile delinquency adjudication. See In re T.D., Cause No. 49A02-0712-JV-1082 (Ind. Ct. App. July 9, 2008) ("In re T.D. I"). Simultaneously, T.D. files her petition for leave to supplement the appendix with the dispositional order entered in Cause Number 49D09-06111-JD-4161 ("Cause Number 4161")....  

We hold that a medical malpractice claim for allegedly misreading a mammogram is barred by the two-year statute of limitations when the plaintiff learned of cancer with approximately nine months remaining in the limitations period... ... ... Facts and Procedural History... This is an appeal from a grant of summary judgment in favor of the defendant. Accordingly, we take the facts from the designated evidence most favorable to the plaintiffs. Christine Overton had a routine mammogram on July 7,...  

Following a jury trial, Robert Tiller was convicted of Attempted Murder,1 a class A felony, Confinement2 as a class B felony, and Escape3 as a class B felony. The trial court subsequently sentenced Tiller to an aggregate sentence of sixty-six years imprisonment. On appeal, Tiller presents three issues for our review:... 1. Did the trial court properly instruct the jury on accomplice liability for a charge of attempted murder?... 2. Did the trial court properly allow the victim's deposition to...  

Four years after his guilty plea, conviction, and sentence for child molesting, the defendant sought post-conviction relief on grounds of newly discovered evidence. The post-conviction court granted the State's motion for summary disposition,1 and the defendant appealed. The Court of Appeals reversed and remanded for an evidentiary hearing before the post-conviction court. Norris... ... ... v. State, 881 N.E.2d 691, 692 (Ind. Ct. App. 2008). We granted transfer and now hold that a guilty plea...  

Rudy Wayne Cardwell challenges the appropriateness of his sentence under Indiana Rule of Appellate Procedure 7(B). Concluding that Cardwell's aggregate sentence of thirty-four years is inappropriate in light of the nature of his offense and his character, we revise his sentence to consecutive terms of nine and eight years for an aggregate sentence of seventeen years... ... ... Facts and Procedural History... In September 2005, Cardwell lived in Jeffersonville, Indiana with his girlfriend, Star...  

The Knox County Council (the Council) filed a three-count complaint seeking under Count I an accounting with respect to Knox County Prosecutor John F. Sievers (the Prosecutor) and Knox County Sheriff Stephen P. Luce (the Sheriff), under Count II certain records from the Sheriff and from attorney Matthew Parmenter, who was hired by the Prosecutor to represent the Prosecutor's Office in civil forfeiture proceedings, and under Count III injunctive relief. Upon appeal, the Council seeks reversal of...  

Upon interlocutory appeal, Fairbanks Hospital (Fairbanks) appeals the trial court's determination that a claim filed against it by Dan, Eva, and Natalie Harrold (collectively, the Harrolds) does not fall within the scope of the Indiana Medical Malpractice Act.1 Upon appeal, we consider the following restated issue: Does a complaint alleging negligent hiring, training, and supervision of a hospital employee fall within the Act if the underlying tort allegedly committed by that employee was...  

Steven Powell appeals the sentence imposed after he pleaded guilty to one count of attempted child molesting as a Class A felony and one count of child molesting as a Class C felony. We affirm... The sole issue for our review is whether the trial court erred in sentencing Powell... In November 2007, the State charged Powell with three counts of child molesting as Class A felonies and one count of child molesting as a Class C felony for molesting his stepdaughter from August 2005 through...  

STATEMENT OF THE CASE... Daniel G. Pappas, the guardian ad litem (the "GAL"), appeals the trial court's denial of the Allen County Office of Family and Children's (the "Allen County OFC") petition to terminate the parental rights of A.S. ("Mother") and A.M. ("Father") as to their minor child, J.M... We reverse and remand... ISSUE... Whether the trial court erred in denying the petition to terminate the parental rights of Mother and Father... FACTS... J.M. was...  

Case Summary... ... Following a jury trial, Jeremy W. Combs was convicted of Class D felony operating a vehicle while intoxicated. On appeal, he argues that the trial court abused its discretion in admitting the results of his blood alcohol test into evidence. Specifically, Combs contends that the search warrant used to obtain his blood was not based upon probable cause and that the State failed to lay a proper foundation for admitting the test results because it did not present evidence that...  

STATEMENT OF THE CASE... John Edward Skolak appeals the trial court's order finding that the State's action to collect child support arrearage was not untimely... We reverse... ISSUE... Whether the statute of limitations bars the State's action to collect child support payments eighteen years after the last payment was made in 1989.1... FACTS... Skolak and Linda Skolak ("Mother") were married in 1970. There were five children born of the marriage. The youngest, S.S., was born on...  

STATEMENT OF THE CASE... Appellant-Defendant, Brian A. Staley (Staley), appeals his conviction for operating a vehicle while intoxicated endangering a person, a Class A misdemeanor, Ind. Code § 9-30-5-2 and his adjudication as an habitual substance offender, I.C. § 35-50-21-0... We affirm... ISSUES... Staley raises two issues on appeal, which we restate as follows:... (1) Whether the trial court properly instructed the jury on endangerment; and... (2) Whether the State presented...