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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following Indiana Supreme Court opinion was posted after IL deadline Friday.
Dawn Riddle and Matthew Riddle v. Dennis Cress, Haley Wilkerson, and Helen Cress
20S-PL-573
Civil plenary. Grants transfer and affirms the trial court’s decision to set aside the default judgment for Dennis and Helen Cress and the Cresses’ granddaughter, Haley Wilkerson. Finds that “the trial court’s assessments of the parties’ credibility and demeanor are the type of fact-sensitive judgments that may not be second-guessed under the deferential standard of appellate review and, here, are sufficient to establish at least ‘slight evidence’ of excusable neglect.” Remands to Johnson Superior Court for further proceedings consistent with the opinion. Justice Geoffrey Slaughter dissents, believing transfer should be denied.
Monday’s opinions
Indiana Court of Appeals
W.M. v. H.T.
20A-AD-403
Adoption. Remands the Washington Circuit Court’s grant of adoptive mother H.T.’s petition to adopt father W.M.’s three children. Finds that the trial court failed to make any findings that would support dispensing with father’s consent. Remands and retains jurisdiction to the trial court for further findings as required by statute. Finds the judgment of the trial court shall be filed with the appellate court within 30 days.
Darko Ventures LLC S Series 101 v. Crystal Varela, et al. (mem. dec.)
20A-PL-921
Civil plenary. Affirms the denial of Darko Ventures LLC S Series 101’s motion to correct error. Finds that the order authorizing a clerk’s deed was premature — stemming from irregular procedures — and therefore finds no abuse of discretion in granting Crystal Varela and Gustavo Martinez’s motion to correct error and denying Darko’s motion to correct error. Remands to Marion Superior Court for further proceedings. Declines to award appellate damages to C&G or damages to Darko.
James N. Hartmann v. State of Indiana (mem. dec.)
19A-CR-2992
Criminal. Affirms James Hartmann’s six-year sentence for conviction in Vigo Superior Court of burglary. Finds his sentence is not inappropriate in light of the nature of the offense and his character.
K.L. v. Madison County Department of Child Services (mem. dec.)
20A-JT-828
Juvenile termination. Affirms the termination of K.L.’s parental rights to her minor child, R.R. Finds that the Madison Circuit Court’s order terminating mother’s parental rights to child was supported by the evidence and was not clearly erroneous.
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