Opinions June 14, 2021

Indiana Court of Appeals
Pradeep Kumar Toppo v. State of Indiana
20A-CR-2099
Criminal. Affirms Pradeep Toppo’s conviction for Level 6 felony operating a vehicle while intoxicated and Class C infraction driving left of center. Holds that the traffic stop was lawful based on Toppo’s traffic violation and that the trial court did not err when it admitted evidence that law enforcement had obtained following a traffic stop.

Michelle Dridi, et al. v. Cole Kline LLC d/b/a Hope Public Adjusters
20A-PL-2112
Civil plenary. Affirms the trial court’s order finding that Dennis Fulner breached his contract with Cole Kline, LLC d/b/a Hope Public Adjusters and its order that he pay Hope $37,562.27. Finds that because Fulner has violated numerous provisions of Appellate Rule 46, including the failure to present cogent arguments, he has waived appellate review of his issues.

Dustin Michael Lappin v. State of Indiana
20A-CR-2208
Criminal. Affirms Dustin Lappin’s conviction for robbery resulting in bodily injury, a Level 3 felony. Finds the Marion Superior Court did not violate Lappin’s right to a public trial when it limited the public attendance to audio-only during voir dire and limited public seating during the trial in the midst of the COVID-19 pandemic.

Christopher Brandell v. Secura Insurance A Mutual Company, et al.
20A-CT-2322
Civil tort. Affirms the Allen Superior Court’s grant of partial summary judgment in favor of Secura Insurance, a Mutual Company. Finds the trial court did not err in granting partial summary judgment on Christopher Brandell’s bad faith claim. Finds no genuine issues of material fact exist and Secura is entitled to judgment as a matter of law.

Mike Raisor Auto Group, Inc., et al. v. Sidney A. Schroeder, on behalf of himself and others similarly situated (mem. dec.)
20A-PL-1718
Civil plenary. Reverses and remands the Tippecanoe Superior Court’s grant of Sidney Schroeder’s motion for class action certification on his lawsuit alleging liability under the Deceptive Consumer Sales Act. Agrees with defendant that a class action is improper under Trial Rule 23 due to a lack of commonality, in that whether the imposition of a Document Preparation Fee amounted to a deceptive act turns on the facts and circumstances specific to each consumer transaction, including the negotiations that actually took place between Mike Raisor Auto Group and each consumer.

Guardianship: Stacy Nalley v. Eric Attebery and Holly Davis (mem. dec.)
20A-GU-1911
Guardianship. Affirms denial of Stacy Naley’s motion to correct error which challenged an order terminating her guardianship of her grandchild, A.D. and awarding custody to child’s father, Eric Attebery. Finds Warrick Superior Court did not clearly err in terminating the guardianship of A.D.

Anthony Bedolla v. State of Indiana (mem. dec.)
20A-PC-1912
Post-conviction. Affirms the denial of Anthony Bedolla’s petition for post-conviction relief. Find the Marion Superior Court did not err in concluding Bedolla’s trial counsel was not ineffective, the evidence he presented was not newly discovered warranting a new trial and that he failed to established a Cronic claim.

Lyle Davis, et al. v. Ray Howard, et al. (mem. dec.)
20A-MI-2007
Miscellaneous. Affirms the Vigo Superior Court’s denial the Davises’ motion to dismiss the appeal of the legal survey filed by the Howards. Remands the case for further proceedings under Indiana Code § 36-2-12-14.

Heather (McClarney) Evans v. Travis McClarney (mem. dec.)
20A-DC-2141
Domestic relations with children. Affirms the Vanderburgh Superior Court’s judgment in modifying Heather Evans’ (Mother) parenting time with her two children and ordering her to pay $75 per week in child support. Judge Elizabeth Tavitas dissents, noting nothing in the record indicates the modified custody and parenting time order is in the best interest of the children.

Latroy Ware v. State of Indiana (mem. dec.)
20A-CR-2331
Criminal. Affirms Latroy Ware’s conviction for invasion of privacy and domestic battery, both Class A misdemeanors. Finds the evidence presented at trial in St. Joseph Superior Court was sufficient to support Ware’s convictions.

Robert Middleton v. Paula Pyatte (mem. dec.)
20A-DR-2354
Domestic relations. Affirms the Hendricks Superior Court’s order finding Robert Middleton in contempt of court. Middleton was found in contempt for his “willful failure” to follow the court’s April 2016 order and pay child support as well as his portion of the child’s uninsured medical expenses.

Lionel L. Russell v. State of Indiana (mem. dec.)
20A-CR-2394
Criminal. Affirms the Warren Circuit Court’s sentencing order Lionel Russell after he pled guilty to Level 6 felony resisting law enforcement. Finds Russell waived the appellate review of whether the trial court erred when determining his good time credit because he did not object at his sentencing.

Steven Ingalls v. Morgan County Court (mem. dec.)
20A-MI-2400
Miscellaneous. Affirms the order from Morgan Superior Court granting Morgan Circuit Court’s motion to dismiss the complaint filed by Steven Ingalls, Jr. Concludes Ingalls waived any claim of error by failing to present a cogent argument.

Lance Charles Abbring v. State of Indiana (mem. dec.)
21A-CR-5
Criminal. Affirms Lance Abbring’s aggregate sentence of six years for one count of domestic battery, as a Level 5 felony, and one count of resisting law enforcement, as a Class A misdemeanor. Finds the Huntington Circuit Court did not abuse its discretion in imposing the sentence.

Enrique Villasenor-Gomez v. Wexford Health Sources, Inc., et al. (mem. dec.)
21A-CT-71
Civil tort. Dismisses Enrique Villasenor-Gomez’s appeal of summary judgment granted to Wexford health Sources, Inc. Concludes Henry Circuit Court’s ruling on Wexford’s motion for summary judgment was interlocutory in nature. Referring to Indiana Appellate Rule 14, found because it is not a final appealable judgment and Villasenor-Gomez did not follow the proper procedure for bringing an interlocutory appeal, the Court of Appeals does not have jurisdiction and must dismiss the appeal without prejudice.

B.E. v. D.R. (mem. dec.)
21A-AD-155
Adoption. Affirms Clinton Circuit Court’s grant of D.J.R.’s (adoptive father) petition for adoption of B.A.E.’s (father) minor child, N.S.E. Finds the adoption court did not err when it concluded that father’s consent to child’s adoption was not required.