Opinions Sept. 17, 2019

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Indiana Court of Appeals
Syed Umar Husainy v. Granite Management, LLC, and Jaffa Varsity 1, LLC
18A-PL-2752
Civil plenary. Affirms the Tippecanoe Superior Court’s denial of Granite Management LLC and Jaffa Varsity 1 LLC’s motion to correct error on a jury verdict in favor of Syed Husainy on his claim under Indiana Code § 32-31-8-5, but reverses the grant of the appellees’ motion to correct error on the jury verdict in Husainy’s favor on his breach of covenant claim. Finds the trial court abused its discretion in granting the motion to correct error on the breach claim but did not abuse its discretion in denying the motion to correct error on the statutory claim. Also finds the trial court abused its discretion in awarding Husainy only $2,000 in attorney’s fees. Finally, finds Husainy has waived his argument that the trial judge was biased against him and should have disqualified himself. Remands to reinstate the jury’s verdict on the breach claim, and to reconsider Husainy’s request for fees.

David A. Vincent v. State of Indiana (mem. dec.)
19A-CR-422
Criminal. Affirms David Vincent’s conviction for Level 5 felony possession of methamphetamine. Finds the Floyd Superior Court did not commit fundamental error in admitting Vincent’s prior statements.

Abdul Aziz Yamobi v. State of Indiana (mem. dec.)
18A-CR-3064
Criminal. Affirms Abdul Aziz Yamobi’s convictions for Class A misdemeanor intimidation and Class A misdemeanor domestic battery. Finds there is sufficient evidence to support the convictions. Also finds there was no fatal variance between the domestic battery charging information and evidence presented.

In the Matter of the Termination of the Parent-Child Relationship of K.M. (Minor Child); C.T. (Mother) v. Indiana Department of Child Services (mem. dec.)
19A-JT-651
Juvenile termination of parental rights. Affirms the termination of C.T.’s parental rights to her minor child, K.M. Finds the Miami Superior Court did not violate C.T.’s due process rights when it suspended her visitation with K.M. Also finds the Department of Child Services presented sufficient evidence to support the trial court’s termination of C.T.’s parental rights over K.M.

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