Opinions Nov. 7, 2018

Indiana Court of Appeals
Indiana University Health Southern Indiana Physicians, Inc., et al. v. Charlene Noel
18A-CT-1299
Civil tort. Affirms the denial of Indiana University Health Southern Indiana Physicians, Inc., Sarah Whiteman, NP, and Dr. Carlito Sabandal’s motion to transfer venue in Charlene Noel’s medical malpractice complaint from Marion County to Lawrence County. Finds Indiana Code section 23-0.5-4-12 conflicts with Trial Rule 75(A)(4) as interpreted by the Indiana Supreme Court, making the statute a nullity.

Jennifer Rose v. William D. Bozeman, Sr.
18A-DN-1085
Domestic relations no children. Affirms the grant of William D. Bozeman, Sr.’s motion to correct error with respect to the division of marital property in the dissolution decree between Bozeman and Jennifer L. Rose. Finds the Hamilton Superior Court did not abuse its discretion.

Zurich American Insurance Company; Schindler Elevator Corporation; and KONE, Inc. v. Circle Centre Mall, LLC; Simon Property Group, Inc.; and XL Insurance America, Inc.
29A05-1710-PL-2223
Civil plenary. Affirms in part, reverses in part, remands for further proceedings. Finds only one of nine documents to be discoverable. As the appellate court is unconfident that the trial court would have imposed the same sanction for improperly withholding one document as it did for nine, it vacates the trial court’s award of attorney fees and entry of default judgment in favor of the Simon Plaintiffs.

Curtis Pearman, d/b/a Forest Park-Pearman v. Rande Martin and R.L. Martin Associates, Inc. d/b/a Management Recruiters of Richmond (mem. dec.)
18A-CC-239
Civil collection. Affirms in part, reverses in part, and remands with instructions. Finds the Wayne Superior Court erred in finding that “no further lease term existed and no further rent is due and owing” from Rande Martin to Curtis Pearman. Reverses grant of summary judgment issued in favor of Martin. Remands the trial court to discuss the issue of damages.

Terrance L. Thomas v. State of Indiana (mem. dec.)
49A02-1711-PC-2884
Post-conviction. Reverses and remands for further proceedings Terrance Thomas’ appeal of the denial of his petition for post-conviction relief, after finding the Marion Superior Court failed to enter a finding that the witnesses’ proposed testimony was not relevant and probative as required by Indiana Post-Conviction Rule 1(9).

Jeffrey Dyson v. Wabash County Auditor, Wabash County Treasurer, et al. (mem. dec.)
18A-TS-931
Tax sale. Affirms the Wabash Circuit Court’s order overruling objections and defense to tax sale following Jeffrey Dyson’s failure to attend a hearing on his objection to the tax sale of several of his delinquent properties.

Dewayne Van Alstine, Jr. v. State of Indiana (mem. dec.)
18A-CR-1555
Criminal. Affirms Fulton Circuit Court’s denial of Dewayne Cloyce Van Alstine Jr.’s motion to withdraw his plea of guilty to charges of Level 1 felony attempted murder and Level 3 felony aggravated battery.

Alexander Zschunke v. State of Indiana (mem. dec.)
18A-CR-902
Criminal. Affirms Alexander Zschunke’s conviction for Level 5 felony possession of methamphetamine, Level 6 felony unlawful possession of a syringe, and Class C misdemeanor possession of paraphernalia, and his adjudication as a habitual offender. Finds Zschunke abandoned his speedy trial request and received a fair trial. Finds there is sufficient evidence to support the convictions.

Roderick Whitney v. State of Indiana (mem. dec.)
18A-CR-223
Criminal. Affirms Roderick Whitney’s convictions of Class A misdemeanor resisting law enforcement. Finds Whitney validly waived his right to a jury trial.

In Re the Adoption of M.R.R., a child, M.R. v. N.G. (mem. dec.)
18A-AD-923
Adoption. Affirms the Vanderburgh Superior Court-Juvenile Division’s order granting the petition filed by stepfather N.G. to adopt father M.R.’s biological child, M.R.R. Finds the trial court did not err in concluding that M.R.’s consent to the adoption was not required.