No. 22-287

Gail Lewis Hicks, et al. v. American Family Mutual Insurance Company, S.I.

Lower Court: Indiana
Docketed: 2022-09-27
Status: Denied
Type: Paid
Response Waived
Tags: court-of-appeals due-process fifth-amendment fifth-and-fourteenth-amendments fourteenth-amendment indiana-court-of-appeals indiana-supreme-court judgment-on-the-pleadings judicial-procedure summary-judgment
Key Terms:
SocialSecurity DueProcess FourthAmendment
Latest Conference: 2022-11-18
Question Presented (AI Summary)

Whether the Indiana Supreme Court decided an issue without determining the effect of the Indiana Court of Appeals granting Respondent a summary judgment while Petitioners had a judgment on the pleadings that had not been vacated, affecting Petitioners' Due Process Rights

Question Presented (from Petition)

QUESTION PRESENTED Whether or not the Indiana Supreme Court decided an issue without determining the effect of the Indiana Court of Appeals granting Respondent American Family Mutual Insurance Company, S.I. a summary judgment—while at the same time—Petitioners Gail Lewis Hicks and Larry Hicks had a judgment on the pleadings which had not been vacated and thereby affected Petitioners’ Due Process Rights under the Fifth and Fourteenth Amendments of the United States Constitution. ii STATEMENT OF RELATED CASES 1. Indiana Supreme Court: American Family Mutual Insurance Company, S.I., Appellant v. Gail Lewis Hicks; Larry Hicks; and Keith Head, Appellees, Court of Appeals Case No. 21A-CT01441, Trial Court Case No. 45D02-2007-CT-727, Indiana Supreme Court, Judgment entered June 28, 2022. 2. Indiana Court of Appeals: American Family Mutual Insurance Company, S.L., Appellant-Defendant v. Gail Lewis Hicks and Larry Hicks, and Keith Head, AppelleeDefendant, Case No. 21A-CT-1441, Indiana Court of Appeals, Judgment entered February 7, 2022. 3. Lake County, Indiana Superior Court: Gail Lewis Hicks and Larry Hicks, Plaintiffs v. Keith L. Head, American Family Mutual Insurance Company, S.I., Defendants, Cause No. Lake Superior Court, Judgment entered June 10, 2021. 4, Lake County, Indiana Superior Court: Gail Lewis Hicks and Larry Hicks, Plaintiffs v. Keith L. Head, American Family Mutual Insurance Company, S.I., Defendants, Case No. Lake Superior Court, Judgment entered December 7, 2020.

Docket Entries

2022-11-21
Petition DENIED.
2022-11-02
DISTRIBUTED for Conference of 11/18/2022.
2022-10-11
Waiver of right of respondent American Family Mutual Insurance Company, S.I. to respond filed.
2022-09-23

Attorneys

American Family Mutual Insurance Company , S.I.
Adam ArceneauxIce Miller LLP, Respondent
Adam ArceneauxIce Miller LLP, Respondent
Gail Lewis Hicks, et al.
John Horace DavisAttorney John H. Davis, Petitioner
John Horace DavisAttorney John H. Davis, Petitioner