Opinions July 28, 2023

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Court of Appeals of Indiana
Richard Bojko, Patricia Gadzala, Katie Greenberg, Vernita Johnson-Macklin, Kurt Claussen, and Rachel Richardson v. Anonymous Physician and Anonymous Medical Practice, and Amy Beard, Commissioner of the Indiana Department of Insurance and G. Anthony Bertig, as Chairman of the Medical Review Panels
23A-CT-185
Civil tort. Affirms the Lake Superior Court’s grant of the petition filed by an anonymous physician and an anonymous medical practice asking the court to order plaintiffs Richard Bojko, Patricia Gadzala, Katie Greenberg, Vernita Johnson-Macklin, Kurt Claussen and Rachel Richardson to remove non-evidentiary allegations from their submissions to a medical review panel. Finds the trial court had subject-matter jurisdiction to grant the petition.

Paul Rosa v. County of Lake, Indiana (mem. dec.)
22A-MI-926
Miscellaneous. Dismisses Paul Rosa’s appeal of the Lake Superior Court’s decision affirming the Lake County Corrections Officer Merit Board’s action terminating his employment. Finds Rosa violated the Indiana Rules of Appellate Procedure several times and failed to present cogent reasoning, so he has waived all issues he has attempted to raise.

T.B. v. State of Indiana (mem. dec.)
22A-JV-1611
Juvenile. Affirms T.B.’s adjudication as a delinquent for committing an act that if committed by an adult could constitute Class A misdemeanor carrying a handgun without a license, and his commitment to the Department of Correction. Finds the Marion Superior Court did not abuse its discretion when it admitted evidence of the handgun. Also finds T.B.’s challenge to his placement in the DOC is moot.

William O. Herman v. State of Indiana (mem. dec.)
22A-CR-2356
Criminal. Affirms the Elkhart Superior Court’s denial of William Herman’s petition to file a belated notice of direct appeal. Finds Herman’s petition did not state on its face an issue that was currently available to him.

Develan L. Bland and Vanessa M. Helm v. Chapman Heating & Air Conditioning, Inc. (mem. dec.)
22A-PL-2584
Civil plenary. Affirms the Marion Superior Court’s judgment in favor of Chapman Heating & Air Conditioning Inc. following a bench trial on Develan Bland’s complaint alleging breach of contract. Finds Bland has not shown reversible error.

Jason Terrell McBride v. State of Indiana (mem. dec.)
22A-CR-2700
Criminal. Affirms Jason Terrell McBride’s convictions and sentence for Level 3 felony rape and Level 4 felony sexual misconduct with a minor. Finds McBride’s convictions are supported by sufficient evidence. Also finds McBride has failed to carry his burden to show that his sentence is inappropriate.

J.D. v. State of Indiana (mem. dec.)
23A-JV-48
Juvenile. Affirms J.D.’s delinquency adjudication for criminal recklessness, a Level 6 felony if committed by an adult. Finds there is sufficient evidence to support the adjudication.

Robert Scartozzi v. TruWorth Auto (mem. dec.)
23A-SC-155
Small claims. Affirms the Hamilton Superior Court’s order granting TruWorth Auto’s motion to correct error, which set aside the court’s judgment in favor of Robert Scartozzi and entered judgment in favor of TruWorth on its claim against Scartozzi for breach of contract/unjust enrichment. Finds the trial court did not err.

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