Opinions June 11, 2020

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Indiana Court of Appeals
Christal Trowbridge v. In re the Estate of Everett Thomas Trowbridge, Michael T. Trowbridge
19A-ES-3022
Estate. Reverses the Clark Circuit Court’s refusal to probate the will of Christal Trowbridge’s ex-husband, Everett Thomas Trowbridge. While affirming the probate court’s conclusion that Everett’s estate is entitled to the presumption that Trowbridge destroyed his will with the intent to revoke it, agrees with Christal that the court did not engage in the proper analysis to determine whether she rebutted that presumption. Remands on that issue with instructions for the court to issue a new order applying the correct analysis.

Ferrand Laser Screeding, Inc., Reliable Equipment Rental Inc., Reliable Screeding Inc., Kenny Ferrand, and Billy Ferrand v. Concrete Management Solutions, LLC
19A-PL-1947
Civil plenary. Reverses the Putnam Circuit Court’s ruling for Concrete Management Solutions, LLC on some claims and for defendants Ferrand Laser Screeding, Inc., Reliable Equipment Rental Inc., Reliable Screeding Inc., Kenny Ferrand, and Billy Ferrand on others after CMS sought to domesticate and collect on an Ohio judgment. Holds that the Ohio court lacked personal jurisdiction, that as a result the Ohio judgment is void, and that the defendants are therefore entitled to judgment on all of CMS’s claims.

Jason Xuejun Tang v. Biru Zhang (mem. dec.)
19A-DC-2452
Dissolution of marriage. Affirms the dissolution of Jason Xuejun Tang’s marriage to Biru Zhang. Finds the Hamilton Circuit Court did not abuse its discretion when it concluded that wife rebutted the presumption in favor of an equal division of marital assets. The trial court did not abuse its discretion in valuing an E-Trade account or by ordering husband to pay a portion of wife’s attorney fees. Finds the trial court did not abuse its discretion in calculating child support owed by husband or by denying husband’s request for a credit for expenses he paid pursuant to the trial court’s provisional order.

IN THE MATTER OF: K.S. (Minor Child), A Child in Need of Services and A.H. (Father) v. The Indiana Department of Child Services and Child Advocates, Inc. (mem. dec.)
19A-JC-2957
Juvenile CHINS. Affirms the Marion Superior Court’s adjudication of A.H.’s infant child K.S. as a child in need of services. Finds the Department of Child Services established by a preponderance of the evidence that father is unlikely to meet Child’s needs absent coercive court intervention.

Gurth Bryan v. State of Indiana (mem. dec.)
19A-CR-2954
Criminal. Affirms Gurth Bryan’s convictions of Level 2 felony attempted voluntary manslaughter and Level 3 felony aggravated battery. Finds that the probable impact on the Howard Superior jury of the admission of challenged evidence was minimal, and that reversal is not required.

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