Opinions April 22, 2020

Indiana Court of Appeals
Joshua Anselm v. Ashley Anselm
19A-DC-2728
Domestic relation with children. Affirms the Jasper Superior Court’s award of primary physical custody of Joshua and Ashley Anselm’s children to Ashley. Reverses the order that Joshua pay for all uninsured medical expenses, and the award of $16,500 to Ashley. Finds the dissolution court entered sufficient findings and did not abuse its discretion when it awarded Ashley primary physical custody, and the court did not err when it relied on an unsigned child support worksheet to calculate Joshua’s child support obligation. But, finds the dissolution court did err when it ordered Joshua to both pay the recommended amount of child support and all uninsured health care expenses for the children. Finally, finds the dissolution court erred in awarding Ashley $16,500 based on its conclusion that the parties had $33,000 in equity in their home. Remands with instructions for the trial court to either order Ashley to pay for the first $951.60 in medical expenses or to credit Joshua with that amount toward his child support obligation, and to split the actual equity of about $10,600 between the parties.

HLH Consulting, LLC v. Burd Automotive, Inc., CB Holdings, LLC, and Christine E. Tanner f/k/a Christine E. Burd
19A-PL-1261
Civil plenary. Affirms the Marion Superior Court’s grant of summary judgment in favor of Burd Automotive, Inc., CB Holdings, LLC, and Christine Burd Tanner against HLH Consulting, LLC. Finds no genuine issues of material fact and that the defendants are entitled to judgment as a matter of law. Also finds the trial court properly granted summary judgment in favor of defendants.

D.L. Poer v. Christopher T. Crum-Hieftje, et al. (mem. dec.)
19A-CC-2552
Civil collection. Affirms the Monroe Circuit Court’s judgment ordering Christopher Crum-Heiftje and Courtney Crum-Heiftje to pay attorney D.L. Poer $20,075 plus costs and post judgment interest for attorney fees. Finds Poer’s several issues raised on appeal are all waived for her failure to effectively raise them in compliance with Indiana Appellate Rule 46(A).

Wayne Williams v. State of Indiana (mem. dec.)
19A-CR-1924
Criminal. Affirms Wayne Williams’ convictions of Level 6 felony maintaining a common nuisance, Level 6 felony dealing in a synthetic drug, Class A misdemeanor resisting law enforcement, and Class B misdemeanor possession of marijuana. Finds the Madison Circuit Court did not err when it admitted evidence found as a result of the search of Williams’ home or by admitting Williams’ statements into evidence because police officers did not violate Williams’ right against self-incrimination.

Melissa L. Schultheis v. State of Indiana (mem. dec.)
19A-CR-2276
Criminal. Affirms the revocation of Melissa Schultheis’ probation and order in the Bartholomew Circuit Court that she serve 10 years of her previously suspended sentence. Finds no abuse of the trial court’s discretion.

Marzono Shelly v. State of Indiana (mem. dec.)
19A-CR-1475
Criminal. Affirms in part the denial of Marzono Shelly’s motion to correct sentence. Finds that the LaPorte Circuit Court erroneously treated Shelly’s habitual offender status as a separate conviction with a separate sentence in error. Remands with instructions to amend the sentencing order to show Shelly’s habitual offender finding is attached to only one of the convictions and enhance the sentence for that conviction accordingly.

In the Matter of the Termination of the Parent-Child Relationship of R.S. and J.P. (Minor Children) and T.A. (Mother) and J.S. (Father) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-1895
Juvenile termination. Affirms the denial of parents T.A. and J.S.’ motions to dismiss and the termination of their parental rights in Orange Circuit Court. Finds the juvenile court did not abuse its discretion by concluding that the conditions that led to the children’s removal would not be remedied. Finds the parents have failed to establish that the juvenile court’s determination that termination was in the children’s best interests was clearly erroneous.

Bradley SurVance v. Duke Energy Indiana, LLC (mem. dec.)
19A-MI-2774, 19A-MI-2783, 19A-MI-2786, 19A-MI-2795
Miscellaneous. Affirms the Martin Circuit Court’s overruling of Bradley SurVance’s objections to condemnation complaints filed against him by Duke Energy Indiana concerning an existing easement on his property. Finds no abuse of the trial court’s discretion.

In Re the Termination of the Parent-Child Relationship of N.C., M.C., E.V., & S.V. (Minor Children): A.V. (Mother), and J.V. (Father) v. Indiana Department of Child Services (mem. dec.)
19A-JT-2257
Juvenile termination. Affirms the Elkhart Circuit Court’s termination of A.V. and J.V.’s parent-child relationships with their children. Finds sufficient evidence to support the termination. Finds the trial court did not err by concluding that termination is in the children’s best interests.

Monroe County, Indiana and Monroe County Plan Commission v. Boathouse Apartments, LLC (mem. dec.)
20A-PL-177
Civil plenary. Reverses the Monroe Circuit Court’s grant of Boathouse Apartments’ Trial Rule 12(B)(1) motion to dismiss, arguing that the trial court did not have subject matter jurisdiction over Monroe County’s claims seeking a monetary penalty. Finds the trial court does have subject matter jurisdiction over the county’s claims and remands for proceedings.

Nathan Hummel v. State of Indiana (mem. dec.)
19A-MI-3091
Miscellaneous. Affirms the denial of Nathan Hummel’s petition for writ of habeas corpus. Finds the LaPorte Circuit Court did not err in denying his petition.