Opinions Nov. 10, 2021

Court of Appeals of Indiana
Lydia A. Duncan and Donald E. Frederick v. John J. Yocum, Jr.
20A-GU-2299
Guardianship. Affirms and reverses in part the dismissal of Lydia A. Duncan and Donald E. Frederick’s petition to establish guardianship over John Yocum Jr. and awarding attorney fees. Finds the guardianship petition was properly dismissed. Also finds the Gibson Circuit Court erred when it awarded attorney fees to John. Remands for proceedings. Judge Elizabeth Tavitas concurs in part and dissents in part with separate opinion.

Winston E. Corbett v. State of Indiana
21A-CR-118
Criminal. Affirms Winston Corbett’s convictions of murder and attempted murder and his sentence to 115 years in prison. Finds no reversible error. Also finds Corbett’s sentence is not inappropriate.

624 Broadway, LLC v. Gary Housing Authority
21A-CT-653
Civil tort. Affirms the entry of summary judgment for the Gary Housing Authority on 624 Broadway LLC’s claims under Indiana Code §§ 36-7-18-2, -5, -13 and -14(1), and the entry of summary judgment for the Gary Housing Authority on 624 Broadway’s claims under the Uniform Relocation Assistance and Real Property Acquisition Policies Act and associated federal regulations. Reverses the entry of summary judgment for the Gary Housing Authority on 624 Broadway’s claims under I.C. 32-24-2-1 to -17 and the denial of 624 Broadway’s related motion for summary judgment on that issue. Finds that under federal law, the U.S. Department of Housing and Urban Development administrator has discretion to act in the capacity of the Gary Housing Authority and, thus, Indiana’s statutory requirements for a board of commissioners or for a housing authority to first obtain approval by the local fiscal body are preempted. Also finds 624 Broadway’s argument that the Gary Housing Authority is not authorized to exercise eminent domain to acquire property for a mixed-use development project fails as a matter of law, as does its argument that the Gary Housing Authority violated federal statutory and regulatory procedures. Finally, finds the Gary Housing Authority failed to follow Indiana’s statutory process requirements in its exercise of the power of eminent domain. Remands with instructions for the Lake Superior Court to enter summary judgment for 624 Broadway on its claim that the Gary Housing Authority’s administrative taking of the property violated 624 Broadway’s procedural rights under Chapter 2, to vacate the Gary Housing Authority’s administrative taking of the property and to hold any further proceedings.

Gilmore Construction, Inc. v. The Board of Commissioners of the County of Clark, Indiana and Wesbanco Bank, Inc., d/b/a Community Bank of Southern Indiana (mem. dec.)
21A-PL-160
Civil plenary. Reverses the denial, without an evidentiary hearing, of Gilmore Construction Inc.’s motion to set aside the Clark Circuit Court’s grant of partial summary judgment in favor of the Clark County Board of Commissioners in a dispute over land owned by Gilmore and acquired by the county. Finds Gilmore was entitled to an evidentiary hearing on its motion to set aside the partial summary judgment. Remands for an evidentiary hearing on Gilmore’s Trial Rule 60(B) motion. Judge Elizabeth Tavitas dissents with separate opinion.

In re the Termination of the Parent-Child Relationship of I.T., E.T., L.T. (Minor Children) and J.T. (Father) and S.T. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JT-715
Juvenile termination of parental rights. Affirms the termination of father J.T. and mother S.T.’s parental rights to their three minor children. Clear and convincing evidence supports the Bartholomew Circuit Court’s order terminating mother and father’s parental rights.

In the Termination of the Parent-Child Relationship of: M.L. (Minor Child) and H.W. (Mother) & K.L. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-731
Juvenile termination of parental rights. Affirms the termination of father K.L. and mother H.W.’s parental rights to M.L. Finds the juvenile court did not abuse its discretion.

Emily (Sollars) Farmer v. Lee Shane Sollars (mem. dec.)
21A-AD-868
Adoption. Reverses the portion of the Hancock Circuit Court’s order pertaining to the modification of custody. Finds that without any finding that there has been a substantial change related to the statutory best interest factors, the trial court lacked discretion to modify custody of V.S. Remands with instructions to the trial court to make specific findings explaining whether that has been a substantial change in the statutory factors since the previous custody order which warrant a custody modification. Declines to disturb any other portion of the trial court’s order, including its determination of arrearages.

Timberland Home Center INC., d/b/a Timberland Lumber Company v. Martinsville Real Property LLC (mem. dec.)
21A-CT-616
Civil tort. Grants rehearing to reaffirm the Court of Appeals’ original conclusion that Timberland Lumber Company did not judicially admit their mechanic’s lien was untimely. Finds the court’s reference to motions as pleadings does not change the outcome of the case. Also finds that the other issues raised by Martinsville Real Property LLC were fully discussed in the original opinion and do not need to be addressed on rehearing.

In the Termination of the Parent-Child Relationship of: S.R., L.R., and A.S. (Minor Children) and B.R. (Mother) and D.S. (Father) v. The Indiana Department of Child Services (mem. dec.)
21A-JT-1087
Juvenile termination of parental rights. Affirms the termination of mother B.R. and father D.S.’s parental rights to S.R., L.R. and A.S. Finds the Department of Child Services presented sufficient evidence to support the Huntington Superior Court’s order terminating the parents’ parental rights to their minor children.