Opinions Oct. 19, 2018

The following 7th Circuit opinion was post after IL deadline on Thursday.
Mario Sims v. New Penn Financial LLC
18-1710
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Magistrate Judge Michael G. Gotsch, Sr.
Civil. Affirms the Northern District’s award of summary judgment to loan servicer Shellpoint following its prohibition of Mario and Tiffany Sims’ attempts to assume a loan on their home’s mortgage. Finds the Simses produced insufficient evidence to prove they were racially discriminated against by Shellpoint, and presented evidence was too speculative to establish a dispute of material fact.

Indiana Court of Appeals
Destination Yachts, Inc., and Sheldon Graber v. Shirley Pierce and Al Burnham
18A-CT-1057
Civil tort. Affirms the grant of Shirley Pierce and Al Burnham’s motion to correct error/motion for relief from judgment overturning a Daviess Circuit Court ruling that dismissed with prejudice their contract and tort claims case against Destination Yachts, Inc. and Sheldon Graber. Finds the trial court was within its equitable discretion to grant Pierce and Burnham relief from its earlier order under Trial Rule 60(B)(1). Also finds that because Graber explicitly argued the claims against him should be dismissed and subject to arbitration, he cannot argue for the opposite.

Community Hospitals of Indiana, Inc. v. Aspen Insurance UK Limited and Hiscox, LTD
18A-PL-69
Civil plenary. Reverses the Marion Superior Court’s grant of partial summary judgment in favor of Aspen Insurance UK Limited and Hiscox, Ltd. Finds the trial court erred in granting summary judgment to the insurance companies, finding they had ample time to file a motion for declaratory judgment early in the proceedings if they believed the Indiana Medical Malpractice Act did not apply. Also finds the insurance companies could not claim IMMA did not apply simply because they received an unfavorable decision from the Medical Review Board. Remands for further proceedings.

In re the Paternity of C.B. and S.B.; Gregory W. Brown v. Kara Davis
45A03-1711-JP-2810
Juvenile paternity. Affirms the trial court’s child custody and parenting time rulings and reverses its child support ruling, remanding for reconsideration as ordered in considering Gregory W. Brown’s earnings of more than $3.4 million in attorney fees that are subject to a structured settlement he established. Remands with instructions for the trial court to recalculate Brown’s weekly gross income prior to Feb. 1, 2017, the date of his first installment payment under the settlement.

Ashley N. Sexton v. State of Indiana (mem. dec.)
18A-CR-1020
Criminal. Affirms Ashley Sexton’s 12-year aggregate sentence for conviction of Level 3 felony possession of methamphetamine and Class A misdemeanor possession of a controlled substance. Finds that the evidence was not seized in violation of Sexton’s federal constitutional rights. Also finds Sexton fails to carry her burden to show that her sentence is inappropriate.

Danny Sherrod v. State of Indiana (mem. dec.)
18A-CR-434
Criminal. Affirms Danny Sherrod’s conviction of Class A misdemeanor criminal trespass and Class B misdemeanor disorderly conduct. Finds there is sufficient evidence to support Sherrod’s conviction.

Michael Rae and Amy M. Rae v. Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not individual but as Trustee for Hilldale Trust, et al. (mem. dec.)
37A03-1712-PL-2873
Civil plenary. Affirms the Jasper Circuit Court’s denial of Michael and Amy Rae’s joint motion for relief under Trial Rule 60(B). Finds the trial court properly denied the motion, despite Rae’s claims of discovering newly found evidence that their loan was sold or otherwise transferred.

Rondell Goe v. State of Indiana (mem. dec.)
18A-CR-850
Criminal. Affirms Rondell Goe’s five-year conviction for Level 5 felony possession of child pornography. Finds the Ripley Circuit Court did not abuse its discretion while sentencing Goe. Finds Goe’s sentence is not inappropriate in light of the nature of the offense and his character.