Opinions May 4, 2023

Court of Appeals of Indiana
MLS Enterprises, LLC v. Adam R. Norman and Matthew A. Norman
22A-PL-2755
Civil plenary. Affirms the Lawrence Circuit Court’s grant of partial summary judgment to Adam and Matthew Norman. Finds the trial court did not abuse its discretion in the admission of designated evidentiary materials. Also finds the Normans are entitled to summary judgment on an adverse possession claim.

William Spalding v. Utica township Volunteer Fire Association d/b/a New Chapel Fire & EMS
22A-PL-2398
Civil plenary. Affirms the Clark Superior Court’s denial of William Spalding’s motion for change of venue from Clark County to Floyd County. Finds no abuse of discretion.

Kristyn R. Plummer and Angela M. Stillabower v. Amy L. Beard, Commissioner of the Indiana Department of Insurance
22A-CT-2559
Civil tort. Affirms the Marion Superior Court’s grant of summary judgment to the Indiana Patient Compensation Fund. Finds the appellants do not state a claim for medical malpractice that is compensable from the fund. Also finds Community Hospital v. McKenzie, 185 N.E.3d 368 (Ind. 2022) applies retroactively to the appellants’ claim. Finally, finds Indiana Code § 34-18-15-3(5) permits the fund to challenge whether the appellants’ claimed injuries are noncompensable under the Medical Malpractice Act.

Troy Horton v. State of Indiana (mem. dec.)
22A-CR-2181
Criminal. Affirms Troy Horton’s conviction for Level 1 felony child molesting. Finds Horton has not met his burden to establish fundamental error.

Alberto J. Gomez v. State of Indiana (mem. dec.)
22A-CR-2477
Criminal. Affirms Alberto Gomez’s convictions for two counts of Level 4 felony child molesting following a jury trial, and his sentence to an aggregate of 12 years, with six years suspended. Finds Gomez did not suffer any prejudice from cumulative alleged evidentiary errors. Also finds his sentence is not inappropriate.

Wilfredo Brignoni, Jr. v. State of Indiana (mem. dec.)
22A-CR-2359
Criminal. Affirms Wilfredo Brignoni Jr.’s convictions for Level 6 felony battery against a public safety official and Class A misdemeanor possession of marijuana. Finds Brignoni waived his challenge to the admission of evidence and invited any instructional error that occurred.

In the Matter of: I.M. and Q.M. (Minor Children) and T.M. (Father) v. Indiana Department of Child Services (mem. dec.)
22A-JC-2664
Juvenile CHINS. Affirms the Madison Circuit Court’s adjudication of I.M. and Q.M. as CHINS. Finds the evidence was sufficient. Also finds father T.M.’s statutory process rights were not violated. Finally, finds none of the alleged due process errors were preserved for appellate review.

John F. Girsch, individually and derivatively on behalf of I.B.P Limited Partnership and TB Limited Partnership, et al. v. E. Thomas Collins, Jr. (mem. dec.)
22A-MI-1854
Miscellaneous. Affirms and the Lake Superior Court’s order vacating the domestication petition filed by Bleecker Brodey & Andrews but reverses the dismissal with prejudice. Finds the circumstances support the trial court’s determination that the domestication petition did not accurately state the identity of the party seeking to domestic the Illinois judgment. Also finds that although the initial registration of the Illinois judgment was based on a defective domestication petition, that does not relieve Indiana of its constitutional obligation to afford full faith and credit to the Illinois judgment. Remands with instructions to dismiss the domestication petition without prejudice.

PeopLease/PLC Services LLC, Steel Transport, and East West Leasing Corporation v. Marshall Snuffer (mem. dec.)
22A-EX-2607
Agency action. Affirms the order of the Indiana Worker’s Compensation Board, which affirmed a hearing member’s determination that Marshall Snuffer sustained work-related injuries and that PeopLease/PLC Services LLC, Steel Transport and East West Leasing Corporation were liable for his medical expenses. Finds any error in the hearing member’s limitation of evidence was harmless. Also finds the board’s order that Snuffer’s medical expenses are reimbursable by the trucking companies does not violate any agreement they may have regarding which company or companies are liable for the expenses. Finally, finds the board adequately explained its reasoning for awarding Snuffer benefits.

DeJon James v. State of Indiana (mem. dec.)
22A-CR-2892
Criminal. Reverses the Marion Superior Court’s order that the firearms recovered from DeJon James’ home be destroyed. Finds the firearm destruction order was clearly erroneous. Remands for further proceedings.

J.C. v. D.C. (mem. dec.)
22A-PO-2637
Protective order. Dismisses J.C.’s appeal as moot D.C.’s protective order. Finds that because the protective order has expired, there is no relief to give.