Opinions Dec. 15, 2021

Court of Appeals of Indiana
Sjon Martin v. Top Quality Professional Construction, LLC, Joe Krise, Tina Krise
21A-SC-1337
Small claims. Affirms the $3,000 small claims judgment in favor of Sjon Martin on a breach of contract claim against Top Quality Professional Construction LLC, plus pre- and post-judgment interest. Finds the Washington Township Small Claims Court did not err in holding Top Quality, rather than Joe and Tina Krise, liable for breaching the contract.

In the Matter of the Adoption of R.D.H. and R.K.H., R.H. and J.H. v. M.K. and L.M.
21A-AD-1036
Adoption. Reverses the award of visitation rights with twin girls to their maternal grandmother after stepmother R.H. had adopted the girls. Finds all avenues to an order of postadoption visitation, either between the twins and their half-sibling or between the twins and maternal grandmother, were effectively blocked. Also finds the Jennings Superior Court abused its discretion in purporting to reopen the adoption and ordering postadoption visitation of any type. Remands with directions to vacate the order of postadoption visitation.

Jamiee L. Stromblad, as Guardian of Person and Estate of John T. Murphy v. Anonymous Doctor No. 1
21A-CT-855
Civil tort. Reverses the dismissal of Jaimee L. Stromblad’s proposed medical malpractice complaint for failure to prosecute. Finds the Floyd Circuit Court abused its discretion when it dismissed Stromblad’s complaint. Remands for further proceedings consistent with the Medical Malpractice Act.

In Re: The Supervised Estate, Kevin J. Wilson v. Terrel B. Wilson, Jr.
21A-ES-1406
Estate, supervised. Affirms the denial of Kevin Wilson’s motion to correct error after the Hendricks Superior Court concluded that the trust in Terrel Wilson Sr.’s will was invalid because it failed to identify the beneficiaries with reasonable certainty as required by Indiana Code § 30-4-2-1. Finds the trial court did not err.

Roshawnda Gail v. State of Indiana (mem. dec.)
21A-CR-1532
Criminal. Affirms Roshawnda Gail’s sentence to 17 ½ years in prison for voluntary manslaughter. Finds Gail has not met the burden of showing that her advisory sentence is inappropriate in light of both the character of the offender and the nature of the offense.

Wyatt W. Hunt v. State of Indiana (mem. dec.)
21A-CR-1216
Criminal. Affirms Wyatt W. Hunt’s award of pre-sentence credit time. Finds the Montgomery Superior Court properly declined to award Hunt pre-sentence credit time for the time he spent awaiting extradition, and the trial court did not abuse its discretion when it failed to rule on Hunt’s pro se petitions, which he had filed while represented by counsel.

Richard W. Gaines v. State of Indiana (mem. dec.)
21A-CR-786
Criminal. Affirms Richard Gaines’ sentence for his conviction of two counts of dealing in methamphetamine as a Level 2 felony. Finds Gaines’ sentence is not inappropriate given his offenses and his character.

B.P. v. State of Indiana (mem. dec.)
21A-JV-736
Juvenile. Affirms the commitment of 16-year-old B.P to the Indiana Department of Correction for placement in an appropriate juvenile facility. Finds the juvenile court did not abuse its discretion.

In the Matter of the Termination of the Parent-Child Relationship of K.S. (Minor Child), K.G. (Father) v. Indiana Department of Child Services and Lake County Court Appointed Special Advocate (mem. dec.)
21A-JT-1373
Juvenile termination of parental rights. Affirms the termination of father K.G.’s parental rights to his medically fragile son, K.S. Finds the evidence was sufficient to support the termination.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of M.H., I.H., and K.W. (Minor Children), and J.H. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-1506
Juvenile termination of parental rights. Affirms the orders involuntarily terminating father J.H.’s parental rights to his minor children, M.H., I.H. and K.W. Finds J.H. has waived appellate review of his due process claim.

In the Termination of Parent-Child Relationship of: S.M. & M.M. (Minor Children), and J.M. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-1548
Juvenile termination of parental rights. Affirms the termination of father J.M.’s parental rights to S.M. and M.M. Finds the termination order was not clearly erroneous.