Opinions Aug. 25, 2021

Indiana Court of Appeals
James M. Prater, III v. Harris & Sons Landscaping, LLC
21A-SC-7
Small claims. Affirms the Marion County Small Claims Court’s award of damages and attorney fees following its judgment for James M. Prater III on his claim against Harris & Sons Landscaping LLC. Finds Prater has not shown that the $300 attorney fee award is either contrary to the logic and effect of the facts and circumstances before the small claims court or that it misinterpreted the law.

State of Indiana v. Kristine E. Barnett and Michael P. Barnett
20A-CR-1967
Criminal. Affirms the dismissal of felony charges for neglect of a dependent and neglect of a dependent resulting in bodily injury against Kristine and Michael Barnett. Finds the Tippecanoe Superior Court did not abuse its discretion by giving preclusive effect to the Marion County Probate Court’s 2012 age-change order and the March 2017 order reaffirming the same, which prevented the state from relitigating age of the female the defendants had adopted. Also finds the trial court did not err in dismissing the felony counts against the Barnetts because the charges were filed outside the five-year statute of limitations period, and the state failed to allege sufficient facts to constitute an exception to the statute.

Jennifer J. Dearborn v. State of Indiana (mem. dec.)
20A-CR-754
Criminal. Affirms Jennifer Dearborn’s sentence for her conviction of Level 4 felony possession of methamphetamine. Finds reversal is not warranted on the basis of Dearborn’s argument that her due process rights were violated and that the Washington Circuit Court abused its discretion by denying her the ability to present confirmation testing of a positive drug screen at her sentencing hearing. Also finds Dearborn has not sustained her burden of establishing that her advisory sentence of six years with three years suspended to probation is inappropriate in light of the nature of the offense and her character.

John J. Kennelly v. State of Indiana (mem. dec.)
21A-PC-102
Post-conviction. Affirms the denial of John Kennelly’s petition for post-conviction relief. Finds that because Kennelly failed to include an amended petition with his motion to amend and because he has failed to explain what additional evidence he would have submitted, he has not demonstrated that, had the Hamilton Superior Court granted his motion to amend, the result of the proceedings would have been different. Also finds if there were any error in the trial court’s denial of Kennelly’s motion to amend his petition for post-conviction relief, such error would be harmless.

Doug Martin v. Front End Digital, Inc. d/b/a Pyrimont Operating Solutions, and M. David Welch, Ryan Watson, and Josh Lake (mem. dec.)
21A-PL-195
Civil plenary. Affirms and reverses in part the grant of partial summary judgment to Front End Digital Inc., d/b/a Pyrimont Operating Solutions, in a dispute with shareholder Doug Martin. Finds the Hamilton Superior Court properly granted summary judgment to M. David Welch, Ryan Watson and Josh Lake on a third-party complaint for breach of fiduciary duty. Also finds that the trial court properly granted summary judgment to Pyrimont on Count II of Martin’s counterclaim for breach of contract. Finally, finds the trial court erred by applying a two-year statute of limitation on Count I of Martin’s counterclaim for unpaid vacation days, rather than a six-year statute of limitation, which would have resulted in partial summary judgment to Pyrimont on the counterclaim for unpaid vacation days. Remands for further proceedings.

In the Matter of S.G. and B.G., Children in Need of Services; K.C. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JC-320
Juvenile CHINS. Affirms the child in need of services finding for mother K.C.’s two children. Finds the judgment reached by the Shelby Superior Court is not clearly erroneous.