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Centennial Park, LLC v. Highland Park Estates, LLC
20A-PL-467
Civil plenary. Affirms the Monroe Circuit Court’s denial of Centennial Park LLC’s motion for relief from the trial court’s injunction preventing Centennial from using an easement over a lot it purchased in the Highland Park subdivision for a construction and access road. Finds the vacation of a nuisance covenant did not change circumstances such that it would be inequitable to enforce the injunction prospectively. Also finds that because the record supports a conclusion that the access road would be a nuisance with or without the covenant, Centennial Park has failed to establish that the trial court abused its discretion in denying its motion for relief from judgment.
William Ray Grimes v. State of Indiana (mem. dec.)
20A-CR-131
Criminal. Affirms William Grimes’ conviction for Level 6 felony auto theft. Finds the incredible dubiosity rule does not apply in Grimes’ case, so the evidence was sufficient to support his conviction.
Thomas Zachary v. Amanda Suzanne Nesbitt (mem. dec.)
20A-DC-329
Domestic relations with children. Affirms the Kosciusko Superior Court’s denial of Thomas Zachary’s motion to correct error and motion for relief from judgment regarding his dissolution proceedings with Amanda Suzanne Nesbitt. Finds the trial court properly denied Husband’s motion to correct error and motion for relief from judgment.
Joseph C. Lehman v. State of Indiana (mem. dec.)
20A-PC-514
Post-conviction. Affirms the denial of Joseph Lehman’s petition for post conviction relief. Finds Lehman’s claim in the post-conviction proceeding concerning waiver of a jury trial was previously litigated and decided adversely to him on direct appeal, barring the claim by res judicata. Also finds the Elkhart Superior Court did not err in granting summary disposition in favor of the state and in denying Lehman’s petition.
In the Matter of the Termination of the Parent-Child Relationship of R.A. (Minor Child); D.E. (Mother) and A.A. (Father) v. Indiana Department of Child Services (mem. dec.)
20A-JT-136
Juvenile termination of parental rights. Affirms the termination of mother D.E. and father A.A.’s parental rights over R.A. Finds the Jasper Circuit Court did not err when it concluded that the circumstances that resulted in R.A.’s removal from D.E. and A.A.’s care would not be remedied, or that termination of D.E.’s parental rights was in R.A.’s best interests.
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