Opinions June 16, 2020

Indiana Court of Appeals
Mary Eve Kassen Moriarty v. Cathereine C. Moriarty, et al.
19A-PL-02342
Civil plenary. Affirms the Hamilton Superior Court’s order entering judgment in favor of daughters Catherine C. Moriarty and Paula A. Bowers against Mary Eve Kassen Moriarty on their claim to reject the probate of the purported last will and testament of William J. Moriarty on the basis of lack of testamentary capacity and/or undue influence and on their claim of tortious interference with inheritance. Finds the trial court did not abuse its discretion by permitting the daughters to reopen their case-in-chief. Finds the trial court’s legal conclusions that the purported will is invalid and its conclusions regarding tortious interference with inheritance are not clearly erroneous.

Bradley F. Wallace v. State of Indiana (mem. dec.)
20A-CR-20
Criminal. Affirms Bradley Wallace’s conviction in Vanderburgh Circuit Court of Level 6 felony trespass. Finds the state proved beyond a reasonable doubt that Wallace committed the offense of trespass.

Donte Curry v. State of Indiana (mem. dec.)
20A-CR-38
Criminal. Affirms Donte Curry’s conviction of Level 6 felony resisting arrest. Finds sufficient evidence to support the Allen Superior Court’s conviction.

In the Matter of the Termination of the Parent-Child Relationship of N.H. and K.M. (Children) and: A.M. (Mother) v. Indiana Department of Child Services (mem. dec.)
19A-JT-3004
Juvenile termination. Affirms the termination of A.M.’s parental rights to her minor children, N.H. and K.M. Finds sufficient evidence to support the Tippecanoe Superior Court’s order terminating mother’s parental rights to the children.

In the Matter of the Estate of Thomas E. Phelps, Colby Phelps, Hailey B. Phelps, and Kara L. Phelps v. Erica K. Book (mem. dec.)
19A-ES-2375
Estate. Affirms the Steuben Circuit Court’s award to Erica K. Book of one-half of the net proceeds of a settlement agreement resolving a wrongful death claim asserted on behalf of decedent Thomas E. Phelps. Finds the trial court did not err by concluding that the wrongful death statute unambiguously provides that the net proceeds of the wrongful death statute inure to the exclusive benefit of Thomas’s widow, Erica, and his dependent children, to be distributed in the same manner as Thomas’s personal property. Finds Erica is entitled to one-half of such property as Thomas’s widow.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of T.R. and M.R. (Minor Children) and B.R. (Father) v. Indiana Department of Child Services (mem. dec.)
19A-JT-2918
Juvenile termination. Affirms the involuntary termination of B.R.’s parental rights to his minor children T.R. and M.R. Finds clear and convincing evidence supports the Madison Circuit Court’s conclusion that there is a reasonable probability that the conditions that resulted in the children’s removal from and continued placement outside the home will not be remedied by father.

William Stillwell and Penelope Stillwell v. Price Waicukauski Joven & Catlin, LLC.; Carol Nemeth Joven, Ronald J. Waicukauski, Brad A. Catlin, and Does 1 through 3, Inclusive (mem. dec.)
20A-CT-69
Civil tort. Affirms the Marion Superior Court’s entry of judgment on the pleadings in William and Penelope Stillwells’ action against Price Waicukauski Joven & Catlin LLC, Carole Nemeth Joven, Ronald J. Waicukauski, Brad A Catlin, Price Waicukauski Joven & Catlin Does 1 through 3. Finds the trial court properly granted the defendants’ motion for judgment on the pleadings.

Monroe County, Indiana and Monroe County Plan Commission v. Boathouse Apartments, LLC (mem. dec.)
20A-PL-177
Civil plenary. Reverses and remands the Monroe Circuit Court’s grant of Boathouse Apartments, LLC’s motion to dismiss a complaint filed by Monroe County, Indiana, and the Monroe County Plan Commission. Finds the trial court does have subject matter jurisdiction over the county’s claims. Remands for further proceedings.

Jillian N. Hodges v. State of Indiana (mem. dec.)
20A-CR-150
Criminal. Remands to the Allen Superior Court for clarification as to how the sentence in each of Jillian Hodges’ two causes is to be served in relation to the sentences she has in two separate causes, concluding the appellate court cannot determine the aggregate length of Hodges’ sentences to review its appropriateness.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of E.M. (Minor Child) and K.M. (Father) v. Indiana Department of Child Services (mem. dec.)
19A-JT-2868
Juvenile termination. Affirms the termination of K.M.’s parent-child relationship with his son, E.M. Finds the totality of the circumstances supports the Lake Superior Court’s conclusion that termination of the parent-child relationship is in child’s best interests. Finds father has failed to meet his burden of establishing clear error in the trial court’s judgment terminating his parental rights.

In re the Termination of the Parent-Child Relationship of L.S. and K.S. (Minor Children) and J.S. (Father) v. Indiana Department of Child Services (mem. dec.)
19A-JT-2693
Juvenile termination. Affirms the Indiana Department of Child Services’ petition to terminate J.S.’s parental rights to L.S. and K.S. Finds that the Orange Circuit Court’s findings and conclusions are not clearly erroneous.

Jared R. Mains v. State of Indiana (mem. dec.)
20A-CR-144
Criminal. Affirms Jared Mains’ aggregate 14-year sentence with 5½ years executed and the remainder suspended to probation for conviction of Level 5 felony battery on a pregnant woman, Level 6 felony possession of methamphetamine, level 6 felony failure to appear and for being a habitual offender. Finds his sentence imposed in Ripley Circuit Court is not inappropriate.