Opinions Sept. 15, 2022

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Court of Appeals of Indiana
Tracey Wheeler v. Wendy Knight and Jay Hall (mem. dec.)
21A-SC-2211
Small claims. Affirms the small claims judgment in favor of Wendy Knight and Jay Hall in a dispute with Tracey Wheeler. Finds Wheeler is not entitled to a new trial based on his argument that he was informed of the trial date one day before trial, because he was offered a continuance and declined, he did not object to appearing by telephone or show that his appearance by telephone prevented him from testifying as to any matter, and the record demonstrates that the Madison Circuit Court provided adequate opportunity for him to present his testimony and argument and to respond to the defendants’ arguments. Also finds the evidence and small claims court do not reach opposite conclusions.

Carol Straub v. Debra Ford (mem. dec.)
21A-DC-2762
Domestic relations with children. Affirms and reverses in part the order dividing marital assets between Carol Straub and Debra Ford. Finds the Vanderburgh Superior Court did not abuse its discretion in denying Straub’s motion to continue or in dividing Straub’s retirement assets. Also finds there is a discrepancy in the trial court’s calculation of the amount of Straub’s 401(K) that is subject to division. Remands with instructions for the trial court to issue an order either explaining or correcting this discrepancy and adjusting the marital property division accordingly.

In the Matter of: T.B. and A.L. (Minor Children), and T.L. (Mother) and R.B. (Father) v. Indiana Department of Child Services (mem. dec.)
22A-JT-296
Juvenile termination of parental rights. Affirms the termination of mother T.L. and father R.B.’s parental rights to A. and T. Finds the termination order is supported by clear and convincing evidence.

Geordi J. Gaff v. State of Indiana (mem. dec.)
22A-CR-827
Criminal. Affirms Geordi J. Gaff’s three-year aggregate sentence for one count of Level 5 felony domestic battery and two counts of Level 6 felony domestic battery. Finds Gaff’s sentence is not inappropriate based on the nature of his offenses and his character.

A.B. v. State of Indiana (mem. dec.)
22A-JV-894
Juvenile. Affirms A.B.’s placement in the Indiana Department of Correction following his latest adjudication as a delinquent. Finds no abuse of discretion in light of A.B.’s history of delinquent behavior, the prior placements that have not modified his behavior and the recommendations of his probation officer.

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