Opinions July 28, 2020

Indiana Court of Appeals
Sanders Kennels, Inc. v. Gary Lane
20A-CC-675
Civil collection. Affirms the Marion Superior Court’s denial of Sanders Kennels Inc.’s motion for relief from judgment against Gary Lane, who sued Sanders Kennels for breach of contract, fraud, theft and conversion. Concludes that the trial court had specific personal jurisdiction over Sanders Kennels as matter of law, and therefore Sanders Kennels has failed to establish that the trial court erred in denying its motion to dismiss. Also finds that the trial court did not abuse its discretion in denying his motion to correct error.

Linda S. Bergal v. David A. Bergal and Joseph M. Sanders, as Successor-Trustee of the Milton B. Bergal Trust
19A-CT-1062
Civil tort. Reverses the Porter Superior Court’s verdict against Linda Bergal with respect to the Vanguard Rollover IRA Account asset, which was never part of her late husband’s trust to begin with. However, affirms in all other respects for David Bergal and Joseph Sanders, as successor-trustee of the Milton B. Bergal trust, and remands in part for further proceedings.

In the Matter of the Marriage of: Ruth Morales v. Rolando Morales (mem. dec.)
20A-DN-256
Domestic relations, no children. Affirms the order dissolving Ruth Morales’ marriage to Rolando Morales and the division of the parties’ marital property. Finds that the Marion Superior Court did not abuse its discretion in its determinations. Finds she has not shown that the trial court’s division of the marital property was not just and reasonable, nor did the trial court abuse its discretion.

In re the Matter of the Paternity of: L.W. and M.W. (Minor Children); Aaron Williams v. Kayla Handy (mem. dec.)
19A-JP-2652
Juvenile paternity. Affirms the Vanderburgh Superior Court’s modification of Kayla Handy’s parenting time to allow contact between the children and her now-husband, Shastin Handy. Finds the trial court did not abuse its discretion.

Frankie Marcum v. United Farm Family Mutual Insurance Co. (mem. dec.)
20A-PL-853
Civil plenary. Affirms the Henry Circuit Court’s order entering summary judgment in favor of United Farm Family Mutual Insurance Company against Frankie Marcum. Remands with instructions to conduct further proceedings to determine who is entitled to the premium payment refund.

Darron T. Carter v. State of Indiana (mem. dec.)
19A-CR-2669
Criminal. Affirms Darron Carter’s convictions and sentence for Level 2 felony dealing in heroin; Level 3 felony dealing in cocaine; Class A misdemeanor carrying a handgun without a license; Class A misdemeanor resisting law enforcement; Class B misdemeanor possession of marijuana; and Class A misdemeanor operating a vehicle by an unlicensed driver. Finds the Allen Superior Court’s sentence is not inappropriate.

In Re: the Involuntary Termination of the Parent-Child Relationship of: Jo.G., Ja.G. and D.G. (Minor Children), C.G. (Father) v. Indiana Department of Child Services and Stephen P. Griebel (mem. dec.)
20A-JT-372
Juvenile termination. Affirms the termination of C.G.’s parent-child relationship with Jo.G., Ja.G., and D.G. Finds sufficient evidence in Allen Superior Court to support the termination and that the trial court did not err by concluding that DCS had proved by clear and convincing evidence that there is a reasonable probability that the conditions resulting in the original and continued removal of the children from father’s care and custody will not be remedied.

Lavontae Lee v. State of Indiana (mem. dec.)
20A-CR-687
Criminal. Affirms Lavontae Lee’s convictions for Level 6 felony resisting law enforcement, Class A misdemeanor dealing in marijuana, Class B misdemeanor possession of marijuana, and Class C misdemeanor reckless driving. Finds sufficient evidence to support the conviction in Newton Superior Court.

Larry Eugene Reust, Jr. v. State of Indiana (mem. dec.)
20A-CR-729
Criminal. Affirms Larry Reust, Jr.’s aggregate 25-year sentence for conviction of Level 3 felony possession of a narcotic drug. Finds his sentence in Huntington Superior Court is not inappropriate and that there is sufficient evidence to support the conviction.

In Re the Adoption of R.D: B.L.D. and K.D. v. B.D. and C.P. (mem. dec.)
20A-AD-364
Adoption. Affirms the denial in Cass Circuit Court of B.L.D. and K.D.’s petition for adoption. Finds that the trial court did not err by finding that adoptive parents did not prove by clear and convincing evidence that mother and father were not fit to be child’s guardians and that adoption was in child’s best interests.