Opinions June 24, 2024

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Indiana Court of Appeals
Mark D. Stanley v. Karlynne D. Akos, Jeffrey H. Stanley, Kevin A. Stanley and Hire Holdings, LLC v. Lisa Stanley
23A-DN-2810
Domestic relations without children. Reverses the Kosciusko Superior Court’s judgment that the entirety of the Lake House, lake front property deeded to Mark Stanley in the settlement of the estate of Karol Stanley, is marital property. Finds that the factual findings support the conclusion that an express trust was not created. Also finds that the findings do not support the conclusion that a resulting trust was not impressed upon the property and the judgment is clearly erroneous in this regard. Remands for further proceedings.

Gregory Freeman v. State of Indiana
23A-CR-2503
Criminal. Reverses the Marion Superior Court’s conviction of Gregory Freeman of Level 5 felony battery with a deadly weapon. Finds that the state failed to prove beyond a reasonable doubt that Lawon Browning was the victim of the shooting. Affirms Freeman’s conviction and one-year sentence for carrying a handgun without a license.

In the Matter of I.E. and A.E. (Minor Children), Children in Need of Services v. Indiana Department of Child Services, and A.E. and J.E.
23A-JC-2399
Juvenile CHINS. Reverses the Shelby Superior Court’s order appointing permanent guardians for two of A.H.’s daughters after the court adjudicated them children in need of services due to educational neglect. Finds the mother did not receive due process of law. Also finds no guardianship petition was filed and the mother did not receive notice of the petition and hearing required under the probate code. Reverses the wardship termination and CHINS dismissal order and remands for proceedings.

Bradley Baldwin, Individually and as Assignee of Tommi C. Hummel and Travor Hummel v. Bradley Baldwin, et. al. v. The Standard Fire Insurance Company, et. al.
Affirms the Marshall County Circuit Court’s entry of summary judgment for Standard Fire Insurance Company in part on Bradley Baldwin’s claims assigned by Tommi and Travor Hummel on the question of whether Standard Fire breached its duty to defend the Hummels. Also affirms the trial court’s denial of Bradley Baldwin’s motions for summary judgment and the trial court’s entry of summary judgment for Standard Fire on Baldwin’s claims assigned by Jill McCarty’s estate. Reverses the trial court’s entry of summary judgment for Standard Fire in part, on Baldwin’s claim that Standard Fire acted in bad faith toward the Hummels when Standard Fire allowed the November 2018 settlement offer to lapse.

 

 

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