Opinions Nov. 22, 2022

Court of Appeals of Indiana
S.E., Minor Child, By Next Friend, Katherine Danley Glaser, and Katherine Danley Glaser v. City of Carmel, Indiana
22A-CT-520
Civil tort. Affirms summary judgment for the city of Carmel in a dispute with Katherine Danley Glaser, mother of S.E. Finds the record shows no genuine issues of material fact that the city and the Carmel/Clay Department of Parks and Recreation are separate political subdivisions under an interlocal agreement’s terms, state statutes and caselaw, so the city cannot be held liable for the negligent acts or omissions of the parks department or its employees pursuant to Indiana Code 34-13-3-3-(a)(10). 

In re the Termination of the Parent-Child Relationship of P.B. and B.B. (Minor Children) and A.B. (Mother) and L.L. (Father), A.B. (Mother) and L.L. (Father) v. Indiana Department of Child Services
22A-JT-1397
Juvenile termination of parental rights. Affirms the termination of mother A.B. and father L.L.’s parental rights to P.B. and B.B. Finds A.B. has not shown the clear and convincing evidence standard violates the Indiana Constitution. Also finds the Fulton Circuit Court did not go beyond taking judicial notice, and it did not impermissibly shift the burden to L.L. Finally, finds the trial court did not err when it concluded there is a reasonable probability that the conditions leading to P.B.’s removal will not be remedied, or when it concluded that termination of L.L.’s parental rights is in P.B.’s best interests.

Timothy Stabosz v. Shaw Friedman
22A-PL-541
Civil plenary. Affirms the LaPorte Circuit Court’s denial of Timothy Stabosz’s motion to dismiss the defamation lawsuit filed against him by Shaw Friedman under the procedure set forth in Indiana’s anti-SLAPP laws. Finds Friedman has designated sufficient evidence to create a genuine issue of material fact as to whether Stabosz’s statements were made in good faith and with a reasonable basis in law and fact, so the trial court did not err in denying Stabosz’s motion to dismiss.

In Re the Adoption of A.G.: A.S. v. J.T. and M.T.
22A-AD-1178
Adoption. Affirms the adoption of mother A.S.’s child, A.G., by guardians J.T. and M.T. Finds the Madison Circuit Court did not err when it granted the guardians’ motion to dispense with A.S.’s consent to their adoption of A.G. because the trial court’s conclusion that A.S. had failed to provide financial support to A.G. during the relevant time frames despite being able to do so was supported by the trial court’s findings. Also finds evidence supports the trial court’s finding in its adoption decree that adoption was in A.G.’s best interests.

Tristin Grant Spencer v. State of Indiana (mem. dec.)
22A-CR-340
Criminal. Affirms the Vigo Superior Court’s order vacating its sua sponte order modifying Tristin Spencer’s sentence from home detention to work release. Finds the trial court acted within its authority to vacate its prior sua sponte order modifying Spencer’s sentence.

Dennis Lowrance v. South Bend Orthopedics Associates, Inc., d/b/a South Bend Orthopedics, Henry Kim, M.D., Michael Yergler, M.D., Saint Joseph Regional Medical Center-South Bend Campus, Inc., d/b/a Saint Joseph Regional Medical Center (mem. dec.)
22A-CT-590
Civil tort. Affirms the grant of summary judgment to South Bend Orthopedics Associates Inc. d/b/a South Bend Orthopedics, Dr. Henry Kim, Dr. Michael Yergler and Saint Joseph Regional Medical Center-South Bend Campus Inc. d/b/a Saint Joseph Regional Medical Center on Dennis Lowrance’s negligence complaint. Finds the St. Joseph Circuit Court did not err in denying Lowrance’s motions to supplement his designated evidence or in striking his expert report. Also finds the trial court did not err in granting summary judgment for the defendants because there was no evidence left to oppose their summary judgment motions.

Brooke Moreland v. Todd Williams (mem. dec.)
22A-DR-708
Domestic relations. Affirms the finding of contempt against mother Brooke Moreland and the award of attorney fees for father Todd Williams, as well as the order that Williams receive makeup parenting timing, full parenting time thereafter and a default midweek visit. Finds the Marion Superior Court did not abuse its discretion.

D.T.O. and S.A. v. Indiana Department of Child Services (mem. dec.)
22A-JT-1079
Juvenile termination of parental rights. Affirms the termination of mother S.A. and father D.T.O.’s parental rights to A.O. Finds the Jennings Circuit Court’s termination order was supported by the evidence and thus not clearly erroneous.

Hans L. Markland v. New Holland of Logansport, Inc. (mem. dec.)
22A-CT-1654
Civil tort. Affirms the dismissal of Hans L. Markland’s complaint against New Holland of Logansport. Finds the Cass Superior Court did not abuse its discretion by dismissing Markland’s complaint pursuant to Indiana Trial Rule 41(E) for failure to prosecute his civil claims.