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Indiana Family and Social Services Administration; Jennifer Walthall, in Individual Capacity as Secretary of Indiana Family and Social Services, et al. v. Bonnie K. Anderson, et al.
19A-PL-3039
Civil plenary. Affirms in part and reverses in part the Bartholomew Superior Court’s denial of a motion to dismiss Bonnie Anderson’s petition for judicial review and complaint for damages brought by the Indiana Family and Social Services Administration; Jennifer Walthall, the Secretary of FSSA; and the Bartholomew County Division of Family Resources. Finds the trial court did not err by denying FSSA’s motion to dismiss Anderson’s petition for judicial review, but finds it was error for the court to deny FSSA’s motion to dismiss Anderson’s complaint for damages.
Darlene Perkins v. Kathy Fillio
20A-PL-99
Civil plenary. Affirms a jury verdict in favor of Kathy Fillio against Darlene Perkins after Perkins was injured by a ram on Fillio’s property. Finds the trial court did not err in giving Final Instruction #30, which was a modified version of MCJI 1929. Further, finds the trial court did not err in instructing the jury on Perkins’ duty to maintain a proper lookout. Finally, finds Perkins cannot contend on appeal that she was entitled to a mistrial because she failed to move for a mistrial in Washington Circuit Court.
Julie Hammond v. Richard Gillespie, Z Force IN Transportation Inc., and Danny Hammond Sr. (mem. dec.)
19A-CT-3027
Civil tort. Reverses and remands the Marion Superior Court’s order granting Richard Gillespie and Z Force IN Transportation Inc.’s motion to dismiss for improper venue and ordering the case transferred to Newton County. Finds that while Marion County is not a preferred venue in the case at bar, Z Force failed to timely assert its improper venue defense. Therefore, Z Force cannot do so now, and the trial court abused its discretion in granting Z Force’s motion.
Indiana Department of Natural Resources v. Webster Lake Conservation Association, Inc. (mem. dec.)
19A-PL-2249
Civil plenary. Affirms the Kosciusko Circuit Court’s entry of declaratory judgment in favor of the Webster Lake Conservation Association, Inc. against the Indiana Department of Natural Resources. Finds that the trial court did not err in entering declaratory judgment in favor of the association, declaring the 1996 agreement placing responsibility for reconstruction or repair of the lake’s dam with DNR to be a valid and binding agreement.
Casey Carpenter v. State of Indiana (mem. dec.)
20A-CR-594
Criminal. Affirms Casey Carpenter’s conviction in Harrison Superior Court of Level 3 felony aggravated battery and Class A misdemeanor interference with reporting a crime. Finds Carpenter’s testimony did not establish that he acted in self-defense and that there is no merit to Carpenter’s claim of fundamental error.
Love Barefield v. State of Indiana (mem. dec.)
20A-CR-32
Criminal. Affirms the Marion Superior Court’s order that Love Barefield pay a $100 public defender fee following his convictions of Level 6 felony obstruction of justice and Class B misdemeanor public nudity. Finds the trial court did not abuse its discretion.
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