Opinions March 26, 2024

Court of Appeals of Indiana

Heather McClure O’Farrell v. Guardian of Estate of George B. Drake (mem. dec.)

23A-GU-669

Guardian. Reverses the Hamilton Superior Court’s order instructing Heather McClure O’Farrell to repay $53,824.32 in legal and accounting fees she and her law firm collected for services purportedly rendered to George Baker Drake and the guardian of his estate. Finds the judgment entered with insufficient service of process is void for lack of personal jurisdiction.

In re the Involuntary Termination of the Parent-Child Relationship of L.K. and K.K. (Minor Children) and A.K. (Mother) v. Indiana Department of Child Services (mem. dec.)

23A-JT-2201

Juvenile termination of parental rights. Affirms the involuntary termination of A.K.’s parental rights to her two minor children. Finds the Carroll Superior Court’s determination that termination was in the children’s best interests was not clearly erroneous.

Kayla Deckard v. Jakob Deckard (mem. dec.)

23A-DC-1796

Domestic relations with children. Affirms the Owen Circuit Court’s order granting Jakob Deckard’s petition to modify custody of their minor children. Finds trial court’s order modifying custody is supported by clear and convincing evidence.

Zachary L. Scott v. State of Indiana (mem. dec.)

23A-CR-2172

Criminal. Affirms the Madison Circuit Court’s sanction against Zachary Scott by revoking one year of his probation. Finds the state presented sufficient evidence to support the trial court’s finding that Scott violated the conditions of his probation and that it did not abuse its discretion in sanctioning Scott.

Terrance Mitchem v. State of Indiana (mem. dec.)

23A-CR-2862

Criminal. Affirms the St. Joseph Superior Court’s denial of Terrance Mitchem’s petition to modify his sentence. Finds it cannot say the trial court abused its discretion in denying Mitchem’s petition to modify his sentence.

L.B. v. State of Indiana (mem. dec.)

23A-JV-2108

Juvenile. Affirms L.B.’s placement in the Department of Correction following his adjudication as a juvenile delinquent for committing an act that, if committed by an adult, would be a Level 6 felony auto theft. Finds the Greene Circuit Court did not abuse its discretion when it placed L.B. in the DOC.

In the Termination of the Parent-Child Relationship of: M.C. (Minor Child), M.S. (Mother) v. Indiana Department of Child Services (mem. dec.)

23A-JT-2571

Juvenile termination of parental rights. Affirms the involuntary termination of M.S.’s parental rights to her child. Finds the Hendricks Superior Court’s determination that termination was in the child’s interests was supported by clear and convincing evidence.

Douglas Alan Dyson v. Whitley County Regional Water & Sewer District, and Indiana Department of Environmental Management (mem. dec.)

23A-MI-2465

Miscellaneous. Affirms the Whitley Circuit Court’s denial of Douglas Alan Dyson’s petition for judicial review. Finds Dyson has waived appellate review.