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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following 7th Circuit Court of Appeals opinion was published after IL’s deadline Friday:
Aluminum Recovery Technologies Inc. v. ACE American Insurance Company
22-2556
Appeal from the U.S. District Court for the Northern District of Indiana, Fort Wayne Division. Judge William C. Lee.
Civil. Affirms the district court’s determination that ACE American Insurance Company need not indemnify Aluminum Recovery Technology for the cost of replacing an aluminum furnace refractory that was destroyed. Finds it is enough that Aluminum Recovery Technology agreed to Francisco Godoy’s proposed investigative protocol.
Monday opinions
Court of Appeals of Indiana
Starr Indemnity & Liability Co. et al. v. NIBCO INC.
23A-PL-1343
Civil plenary. Reverses the Elkhart Superior Court’s judgment reinstating NIBCO’s declaratory judgment action against Starr Indemnity & Liability Co., et.al.. Finds the trial court erred by reinstating the action. Also finds that relief from the judgment was only available to NIBCO under Indiana Trial Rule 60 (B) and because the company failed to act within the time permitted by the rule, it was not entitled to reinstatement.
Rachel Laud v. Joe Witvoet and Cathy Witvoet (mem. dec.)
23A-PL-2215
Civil plenary. Affirms Lake Superior Court’s judgment for Joe and Cathy Witvoet. Finds Rachel Laud’s arguments are without merit and not well-taken.
Brionna Thomas v. Chistopher Thomas (mem. dec.)
23A-DC-2081
Domestic relations with children. Affirms Jackson Superior Court’s dissolution decree in which it awarded Christopher Thomas legal and physical custody of the couple’s four children and awarded Brionna Thomas parenting time. Finds the trial court did not err in awarding Christopher legal and physical custody of the children. Also finds the evidence supported the trial court’s findings.
Lindsey Stephens v. Quintin A. Stephens (mem. dec.)
22A-DC-3099
Domestic relations with children. Affirms the Marion Superior Court’s order dissolving Lindey Stephens’s marriage to Quintin Stephens and dividing their marital property. Finds the trial court did not abuse its discretion in dividing the marital property.
Roger L. Fogelsong v. Lisa M. Fogelsong (mem. dec.)
23A-DC-1781
Domestic relations with children. Affirms the Cass Superior Court’s dissolution decree of the marital estate of Lisa and Roger Fogelsong. Finds it cannot say the trial court abused its discretion in awarding maintenance to Lisa.
James Castile v. State of Indiana (mem. dec.)
23A-CR-1928
Criminal. Affirms the Marion Superior Court’s denial of James Castile’s petition to modify his sentence. Finds the trial court did not abuse its discretion or otherwise err when it denied Castile’s petition to modify his sentence.
Wade Evan Boyer v. State of Indiana (mem. dec.)
23A-CR-1934
Criminal. Affirms Wade Evan Boyer’s sentence for Level 6 felony intimidation, Level 6 felony residential entry, Level 6 felony domestic battery and Class A misdemeanor interference with the reporting of a crime. Finds Boyer failed to persuade the appellate court that his sentence was inappropriate.
Destin Fluellen v. State of Indiana (mem. dec.)
23A-CR-1810
Criminal. Affirms Destin Fluellen’s aggregate 82-year sentence for three counts of Level 1 felony child molesting and two counts of Level 4 felony child molesting. Finds Fluellen has not met his burden of persuading the appellate court that his sentence is inappropriate in light of the nature of his offenses and his character.
Charles Cross v. State of Indiana (mem. dec.)
23A-CR-1973
Criminal. Affirms the Wayne Superior Court’s judgment. Finds Charles Cross’s arguments under the Fourth Amendment and Article 1, Section 11 are waived because Cross failed to object to the admission of the evidence he now claims should have been excluded. Also finds the state presented sufficient evidence to support Cross’s conviction of intimidation, a Level 6 felony.
J.A. v. State of Indiana (mem. dec.)
23A-JV-2026
Juvenile. Affirms the Elkhart Circuit Court’s order requiring J.A. to register as a sex offender. Finds J.A.’s argument that the juvenile court prematurely ordered him to register under the Sexual Offender Registration Act fails. Also finds that J.A.’s contention that he should have been afforded alternative treatment programs and additional opportunities to complete before being placed on the registry is not persuasive.
In re the Termination of the Parent-Child Relationship of: P.D., G.D., and F.P. (Minor Children) and P.P. (Father) v. Indiana Department of Child Services, et al. (mem. dec.)
23A-JT-1110
Juvenile termination of parental rights. Affirms the involuntary termination of P.P.’s parental rights to his three minor children. Finds Department of Child Services presented clear and convincing evidence that P.P. has not remedied the reasons for the removal of the children and that termination was in the children’s best interest. Also finds P.P. was not denied due process when the Marion Superior Court reopened the evidence.
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