Opinions Feb. 14, 2018

Indiana Supreme Court
Don H. Gunderson and Bobbie J. Gunderson, Co-Trustees of the Don H. Gunderson Living Trust v. State of Indiana, Indiana Department of Natural Resources, Alliance for the Great Lakes, et al.
46S03-1706-PL-423
Civil plenary. Affirms the LaPorte Superior Court’s ruling that the state holds title to the Lake Michigan shores in trust for the public. Reverses the trial court’s decision that private property interests here overlap with those of the state. Finds the boundary separating public trust land from privately-owned riparian land along the shores of Lake Michigan is the common-law ordinary high water mark and, absent legislative conveyance, the state retains exclusive title up to that boundary. Justice Geoffrey Slaughter did not participate.

Indiana Court of Appeals
Abigail Elizabeth Freeman Jacks, a minor, by next friends Jennifer Jacks and William Scott Freeman, and Jennifer Jacks, and Jennifer Edwards v. Tipton Community School Corporation
80A02-1705-PL-923
Civil plenary. Affirms the grant of summary judgment to Tipton Community School Corporation. Finds the Tipton Circuit Court properly denied the Jacks family’s motion to strike. Also finds the trial court properly granted he school’s motion for summary judgment.

Martin Richard Himsel, Janet Himsel, Robert Lannon, and Susan Lannon v. Indiana Pork Producers Association and Livestock Engineering Solutions
32A01-1703-PL-612
Civil plenary. Affirms the $4,980.50 attorney fees award to Indiana Pork Producers Association, Inc. and the $3,925.05 attorney fees and other award to Livestock Engineering Solutions, Inc. Finds the Hendricks Superior Court did not abuse its discretion in denying Martin and Janet Himsel and Robert and Susan Lannon’s motion to compel. Also finds the trial court did not abuse its discretion in awarding $7,553.25 in attorney fees to IPPA and LES. Finally, finds the trial court did not abuse its discretion in refusing to award additional attorney fees.

J.H. v. S.S.
82A05-1708-AD-2069
Adoption. Affirms the grant of S.S.’s petition to adopt J.H.’s minor son, J.S. Finds the evidence supports the Vanderburgh Superior Court’s conclusion that J.H. is unfit and that her consent to the adoption was not necessary.

Sandra S. Weaver v. Elkhart Community School Corporation
20A03-1707-PL-1702
Civil plenary. Reverses the denial of Elkhart Community School Corporation’s motion to dismiss Sandra Weaver’s claims against the school corporation. Finds the Elkhart Circuit Court should have granted summary judgment to the school corporation and/or dismissed Weaver’s claims on Indiana Tort Claims Act grounds. Remands with instructions to dismiss Weaver’s claims.

David Drummond v. State of Indiana (mem. dec.)
49A04-1708-CR-1832
Criminal. Affirms the denial of David Drummond’s motion to correct erroneous sentence challenging a 2002 abstract of judgment. Finds any error in the 2002 abstract of judgment is deemed to have been corrected by the presumption set forth in Robinson v. State, 805 N.E.2d 783 (Ind. 2004). Also finds a motion to correct erroneous sentence is limited to correcting sentencing errors apparent on the face of the judgment, and the issues Drummond raises are outside of this context.

Lawrence Custard and Vanessa Custard v. Annette Brooks Russell and Jackie Brooks (mem. dec.)
02A04-1704-GU-1053
Guardianship. Dismisses Lawrence and Vanessa Custard’s appeal of the denial of their motions to set aside filed in two separate guardianship cases. Finds the Custards failed to timely file their notice of appeal, and there are no extraordinary compelling reasons to restore their forfeited right to appeal.

Duward Roby v. State of Indiana (mem. dec.)
10A01-1704-CR-832
Criminal. Affirms the denial of Duward Roby’s motion to correct erroneous sentence asking the Clark Circuit Court to vacate his habitual offender enhancement. Finds Roby’s request to vacate the enhancement was not a proper claim for a motion to correct erroneous sentence. Judge James Kirsch dissents with separate opinion.