Opinions Feb. 20, 2024

Court of Appeals of Indiana
J.M. v. State of Indiana (mem. dec.)
23A-JV-1400
Juvenile. Affirms the Delaware Circuit Court adjudication of J.M. as a delinquent. Finds the state presented evidence of a probative nature from which a reasonable trier of fact could find that J.M. committed an act which would constitute child molesting as a Level 4 felony if committed by an adult.

In the Matter of D.L., A.P., Z.W., and M.W. (Minor Children), Children in Need of Services, and M.G. (Mother) and T.W. (Father) v. Indiana Department of Child Services (mem. dec.)
23A-JC-1900
Juvenile CHINS. Affirms the Allen Superior Court’s determination that minor children, D.L., A.P., Z.W., and M.W. are children in need of services. Finds the trial court did not abuse its discretion in overruling the mother and father’s hearsay objection. Also finds the trial court’s adjudication of the children as CHINS is not clearly erroneous.

In the Matter of L.J. (Minor Child), Child in Need of Services A.J. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JC-1565
Juvenile CHINS. Affirms the Vanderburgh Superior Court’s judgment that A.J.’s nine-year-old son, L.J., is a child in need of services. Finds the mother both physically abused the child and neglected the child by failing to supervise him for prolonged periods of time. Also finds the alleged error in the abuse finding is harmless because sufficient, independent evidence supports the inadequate supervision finding.

In the Matter of Guardianship of Ralph W. Laux, Christopher Lewis Laux v. Giles Laux (mem. dec.)
23A-GU-403
Guardianship. Affirms the Jay Circuit Court’s order appointing Giles Laux as the permanent guardian of Ralph W. Laux, after the court first appointed Giles Laux as temporary guardian. Finds that Chris Laux’s claim regarding the temporary guardianship of Ralph is moot. Also finds that the trial court did not abuse its discretion when it excused Ralph Laux from personally attending the evidentiary hearing and when it denied the motion to disqualify Wesley Schemenaur from representing Giles Laux. Finally, finds the trial court did not abuse its discretion when it appointed Giles Laux as the permanent guardian of Ralph.

John Wayne Swayzer, Jr. v. State of Indiana (mem. dec.)
23A-CR-1867
Criminal. Affirms John Wayne Swayzer’s conviction for public indecency as a Class A misdemeanor in Boone Circuit Court. Finds that evidence of probative value was presented from which the trial court could find beyond a reasonable doubt that Swayzer committed the offense of public indecency as a Class A misdemeanor.

Scott Allan Eubanks v. State of Indiana (mem. dec.)
23A-CR-1063
Criminal. Affirms Scott Eubanks’ conviction of Level 1 felony attempted murder. Finds sufficient evidence supporting the attempted murder conviction. Also finds that the abstract of judgment omitted one of the five counts for which the Morgan Superior Court found Eubanks guilty. Remands for correction of the abstract of judgment.

Lee Evans Dunigan v. Centurion Health of Indiana, LLC, Dr. Samuel Byrd, Nurse Lisa Wolfe, and Chelsey Pearison (mem. dec.)
23A-CT-2117
Civil tort.  Affirms the Marion Superior Court’s judgment granting of Centurion Health of Indiana, LLC’s motion to dismiss a complaint filed by Lee Dunigan that alleged claims of medical malpractice, negligence, and breach of contract. Finds Dunigan’s argument that the clerk intentionally delayed filing his complaint is waived and, moreover, moot. Also finds the trial court did not err by dismissing Dunigan’s complaint.

SPM Development, Inc. d/b/a Reinbrecht Homes v. The Gibson County Board of Commissioners, Warren Fleetwood, Mary Key and Ken Montgomery (mem. dec.)
23A-PL-986
Civil plenary. Affirms the Gibson Superior Court’s denial of SPM Development d/b/a Reinbrecht Homes’ verified complaint for writ of mandamus, declaratory judgment, petition for judicial review and appeal of the decision of the county executive. Finds the trial court properly denied the developer’s requests both for a writ ordering the board to approve the primary plat and a declaratory judgment in its favor.

Trent R. Anderson v. Jennifer Anderson (mem. dec.)
23A-DR-2324
Domestic relations. Affirms the Monroe Circuit Court’s denial of Trent Anderson’s request for a credit toward his child-support arrearage and future obligation for the amount of the tax credits that he did not receive in 2019 and 2020. Finds that the trial court’s judgment is not clearly erroneous.

Kendra Moore v. Indiana Department of Child Services (mem. dec.)
23A-MI-1041
Miscellaneous. Affirms the Lake Superior Court’s dismissal of Kendra Moore petition for review of a final Indiana Department of Child Services action.. Finds the trial court properly granted DCS’s motion to dismiss the petition and denied Moore’s motion to correct error. Also finds that because Moore did not timely file the agency record or request an extension of time to file it, the trial court had no discretion to hear Moore’s petition.