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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowCourt of Appeals of Indiana
Brent A. Taylor v. Tom Antisdel, et. al.
21A-CT-1934
Civil tort. Affirms the Allen Superior Court’s dismissal of a defamation lawsuit filed by Brent A. Taylor against multiple local news outlets. Finds the trial court didn’t err in in dismissing the lawsuit. Also finds the statements Taylor alleged were defamatory were a matter of public concern, and he didn’t allege any facts tending to show the outlets reported with actual malice, as they did not report on anything other than the information contained in court documents and police records. Finally, finds that even if a false statement was published, Taylor cannot establish sufficient proof to permit the conclusion that the outlets entertained “serious doubts” as to the truth of their publications or that there was a “high degree of awareness that the statements were probably false.”
Greg S. Schafer v. Menards (mem. dec.)
21A-SC-1782
Small claims. Affirms the order entering summary judgment in favor of Menard Inc. in a dispute with Greg S. Schafer. Finds the special order contract was one for the sale of goods, so Schafer’s action was untimely and the entry of summary judgment in favor of Menards was proper.
David Bryan Jones v. State of Indiana (mem. dec.)
21A-CR-1946
Criminal. Affirms David Jones’ convictions of Level 6 felony escape and Class A misdemeanor battery. Finds remands is necessary to correct clerical errors in the Marion Superior Court’s written sentencing order and in the abstract of judgment, and to reissue the corrected documents. Also finds no clear error in the denial of Jones’ Batson challenge to the striking of Q.W. and T.B. Remands.
In the Matter of the Termination of the Parent Child Relationship of: C.K. and A.K. (Minor Children): and A.S.L. (Mother) and J.D.K. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-1994
Juvenile termination of parental rights. Affirms the termination of mother A.S.L. and father J.D.K.’s parental rights to A.K. and C.K. Finds the Jefferson County Department of Child Services presented sufficient evidence to support the termination.
Wanda Maranto v. Barry Maranto (mem. dec.)
21A-DN-2055
Domestic relations, no children. Affirms the division of the marital estate following the dissolution of the marriage of Wanda and Barry Maranto. Finds the Orange Superior Court did not abuse its discretion.
Fred T. Markley III, Emily J. Tasker f/k/a Emily J. Markley, and the Markley Family Trust #2800 v. Corey Gutierrez, Michael Flanagan (mem. dec.)
21A-TP-2195
Petition for tax deed. Affirms the denial of siblings Fred T. Markley III and Emily J. Tasker’s motion to vacate the order for tax deed of a Lake County property they previously owned. Finds Markley and Tasker knew about the tax-sale proceedings in 2014 and the tax-deed proceedings no later than July 2017, so they didn’t act within a reasonable time when they moved to vacate the order on July 23, 2020.
D.S. v. Indiana Department of Child Services (mem. dec.)
21A-JT-2196
Juvenile termination of parental rights. Affirms the involuntary termination of mother D.S.’s parental rights to her four minor children, Jo.H., C.H., Ja.H. and J.R. Finds the evidence overwhelmingly supports the Tippecanoe Superior Court’s conclusions that there is a reasonable probability that the conditions that resulted in the children’s removal or the reasons for placement outside of D.S.’s home will not be remedied.
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