Opinions May 27, 2020

Indiana Court of Appeals
In Re the Supervised Estate of Dorothy M. Hall (Decedent), Doloris Tilly v. Jeff Hall and Doris Andres
19A-ES-1450
Estate. Affirms the Floyd Circuit Court’s April 26, 2019 interlocutory order in the supervised estate of Dorothy M. Hall. Finds reversal is not warranted on Doloris Tilly’s argument that her stepbrother Jeff Hall’s affidavits were improperly considered by the trial court. Also finds no abuse of its discretion in denying her request to strike Hall’s responses to her request for admissions. Lastly, finds that Ind. Code § 29-1-14-1 does not require reversal and that Hall was not required to file a separate request to set aside the March 2010 deeds or join stepsister Doris Andres’s petition.

Bobby D. Wine v. State of Indiana
19A-PC-2268
Post-conviction. Affirms the denial of Bobby Wine’s petition for post-conviction relief but declines to dismiss Wine’s appeal for lack of subject matter jurisdiction. Finds Wine failed to show that an objection to the 720-day aggregate sentence would have been sustained, so the post-conviction court properly concluded he was not denied the effective assistance of trial counsel. Also finds Wine was not denied the effective assistance of appellate counsel. Judge Melissa May concurs in result with separate opinion.

In re the Termination of the Parent-Child Relationship of: Tre.S. and Tra.S. (minor children) and A.S. (Mother); A.S. (Mother) v. Indiana Department of Child Services
19A-JT-2915
Juvenile termination. Reverses the termination of mother A.S.’s parental rights to her minor children, Tre.S and Tra.S. Finds the Madison Circuit Court violated mother’s due-process rights when it denied her attorney’s emergency motion to continue and held a termination proceeding without mother’s attorney present, then terminated mother’s parental rights. The state conceded a due process violation had occurred. Remands with reminder to DCS and trial courts that they have a duty to ensure parents’ due process rights are not violated in TPR cases.

James H. Kindred, Individually and on behalf of the Minor Child B.K., et al. v. The Indiana Department of Child Services, et al.
19A-PL-2428
Civil plenary. Dismisses the appeal brought by James H. Kindred, individually and on behalf of minor child B.K., and Janie Givens, individually and on the behalf of minor children M.G. and S.G. Finds that the trial court abused its discretion when it certified its May 23, 2019 order as a final judgment for the purposes of this appeal. Thus, as the order is not final and the trial court denied the appellants’ motion to certify the order for interlocutory appeal, finds the Indiana Court of Appeals does not have jurisdiction over the proceedings. Remands.

City of Hammond v. John Rostankovski
19A-OV-2609
Ordinance violation. Reverses the Lake Superior Court’s dismissal of the City of Hammond’s zoning lawsuit against rental owner John Rostankovski over a deck that lies within the 3-foot neighboring side yard setback line. Remands for proceedings, finding Hammond City Court erred by sua sponte basing its dismissal of the city’s complaint on the doctrine of laches, and the Lake Superior Court erred in affirming on review, because laches cannot be a defense to a municipality’s action to enforce its zoning ordinances. Denies Rostankovski’s cross-appeal challenging the COA’s jurisdiction over the case.

Brian Kinman v. State of Indiana
19A-CR-2718
Criminal. Affirms Fayette Circuit Court’s denial of Brian Kinman’s of his pre-sentence oral motion to withdraw his guilty plea and his post-sentence written motion to withdraw his guilty plea. Finds even though the state used the incorrect language in the plea agreement and identified the four years for the habitual offender enhancement as being “consecutive to” the sentences for the two felonies, Kinman failed to show he suffered “manifest injustice” as a result and that a withdrawal of his plea was the only remedy. Rejects Kinman’s argument for his post-sentence motion, finding he did not demonstrate he misunderstood the habitual offender adjudication would add four years to his sentence.

County Seat Bakery, LLC v. Sakura KJ Japanese Restaurant, LLC (mem. dec.)
19A-CT-2806
Civil tort. Affirms the declaratory judgment that County Seat Bakery, LLC’s unrecorded written lease is void against Sakura KJ Japanese Restaurant, LLC, which purchased the leased property. Finds the evidence supports the challenged finding, and the findings support the judgment. Finds the trial court did not make a mistake and that it was not clear error for the court to find that Sakura’s efforts were sufficient under the circumstances to qualify as a good-faith purchaser.

In re the Termination of the Parent-Child Relationship of: D.S.D. (Minor Child) and M.D. (Mother) M.D. (Mother) v. Indiana Department of Child Services (mem. dec.)
19A-JT-1578
Juvenile termination. Affirms the termination of M.D.’s parental rights to her child, D.S.D. Finds the trial court did not err when it determined that termination is in the child’s best interests.

Robyn Johnson v. State of Indiana (mem. dec.)
19A-CR-1406
Criminal. Affirms Robyn Johnson’s aggregate 25-year sentence with 20 years executed for conviction of Level 1 felony neglect of a dependent. Finds the sentence is not inappropriate in light of the offense and her character.