Court of Appeals of Indiana
Connie Davis-Brumley, as Mother of Decedent v. Fair Oaks Farms LLC; Fair Oaks Hospitality LLC and Farmhouse Restaurant LLC
23A-CT-1610
Civil tort. Affirms Lake Superior Court’s order granting Fair Oaks Farms’s motion to dismiss and denying the motion to substitute. Finds the trial court did not err by dismissing the wrongful death complaint, nor did it err by denying the motion to substitute.
Wednesday opinions
Court of Appeals of Indiana
M.W. v. H.Y.
23A-PO-879
Protection order. Affirms the Lake Circuit Court’s grant of a protection order against M.W. Finds the trial court was not required to announce the cause number of the PO Cause at the beginning of the hearing, nor was it required to announce at some point during the hearing, when the evidence being presented was directed toward the PO Cause as opposed to the dissolution proceedings. Also finds M.W. has failed to meet his burden to show that the trial court failed to hold a hearing as required by Indiana Code section 34-26-5-9(h) and to receive evidence to support H.Y.’s petition for a protection order.
Read Indiana appellate court decisions for the most recent reporting period.
The Indiana Supreme Court denied 12 transfer petitions and granted one for the week ending Feb. 23, agreeing to hear a case involving whether criminal contempt defendants are entitled to the appointment of mental health experts.
Court of Appeals of Indiana
Elpers Bros. Construction & Supply, Inc., et al. v. Deane L. Smith, II, M.D., et al.
23A-PL-437
Civil plenary. Affirms and reverses in part the grant of summary judgment in favor of Deane L. and Lori A. Smith. Finds the Vanderburgh Circuit Court properly granted summary judgment for the Smiths on their claim that Elpers Bros. Construction & Supply Inc. owed a non-delegable duty to properly design and construct a subdivision’s drainage system. Also finds the trial court erred in granting only partial summary judgment for the homeowners association and in denying Elpers Development’s motion for summary judgment. Finally, finds the trial court properly denied Elpers Construction’s motion for summary judgment on the Smiths’ fraud claim. Remands for further proceedings.
Court of Appeals of Indiana
Starr Indemnity & Liability Co. et al. v. NIBCO INC.
23A-PL-1343
Civil plenary. Reverses the Elkhart Superior Court’s judgment reinstating NIBCO’s declaratory judgment action against Starr Indemnity & Liability Co., et.al.. Finds the trial court erred by reinstating the action. Also finds that relief from the judgment was only available to NIBCO under Indiana Trial Rule 60 (B) and because the company failed to act within the time permitted by the rule, it was not entitled to reinstatement.
Friday opinions
Court of Appeals of Indiana
Fernando Marroquin v. Christina Reagle
23A-MI-2545
Miscellaneous. Reverses Elkhart Superior Court’s grant of summary judgment to the Commissioner of the Indiana Department of Correction Christina Reagle. Finds Indiana Code Section 11-8-8-19(f) doesn’t apply to Fernando Marroquin and that Indiana doesn’t require registration for Class D felony sexual misconduct with a minor. Remands for the entry of summary judgment for Marroquin.
An Elkhart County man does not have to register as a sex offender for a crime that doesn’t fall under Indiana’s registration requirement just because he registered for it in Virginia, the Court of Appeals of Indiana ruled in a Friday reversal.
The Indiana Supreme Court denied 19 transfer petitions and granted one for the week ending Feb. 16.
Court of Appeals of Indiana
Billy Ray Barker v. State of Indiana (mem. dec.)
23A-PC-1751
Post-conviction relief. Affirms the Madison Circuit Court’s summary denial of Billy Ray Barker’s successive petition for post-conviction relief challenging the revocation of his parole after he was convicted of new criminal charges. Finds the trial court properly granted the state’s motion for summary disposition, denying Barker’s unauthorized successive petition.
Court of Appeals of Indiana
Jacquelyn Ivankovic v. Milan Ivankovic
23A-DC-1954
Domestic relations with children. Affirms the Lake Superior Court’s denial of Jacquelyn Ivankovic’s request for a temporary restraining order and a permanent injunction, asking that Milan Ivankovic be enjoined from contacting Jacquelyn’s employer to make allegations that she had engaged in wrongdoing. Finds the trial court does not have the statutory authority to issue the requested injunction. Also finds the husband’s communications with third parties involved allegations that wife committed illegal conduct, which is speech protected under the First Amendment.
“Yet another” round of district court review has been ordered in a sentence modification case after the 7th Circuit Court of Appeals, for the second time, vacated an order denying a modification, finding the judge did not provide a sufficient explanation.
An ex-husband’s claims that his ex-wife engaged in criminal activity at her job are protected by the First Amendment, the Court of Appeals of Indiana has affirmed.
The denial of a zoning exception for a drug treatment center was based on “fear and bias” and must be reversed, the Court of Appeals of Indiana ruled Wednesday.
Court of Appeals of Indiana
J.M. v. State of Indiana (mem. dec.)
23A-JV-1400
Juvenile. Affirms the Delaware Circuit Court adjudication of J.M. as a delinquent. Finds the state presented evidence of a probative nature from which a reasonable trier of fact could find that J.M. committed an act which would constitute child molesting as a Level 4 felony if committed by an adult.
Court of Appeals of Indiana
In the Termination of the Parent-Child Relationship of: R.S. and N.S., and M.Y. (Mother) and T.S. (Father) v. Indiana Department of Child Services (mem. dec.)
23A-JT-1192
Juvenile termination of parental rights. Affirms the Clark Circuit Court’s termination of mother M.Y. and father T.S.’s parental rights to R.S. and N.S. Finds neither M.Y. nor T.S. have shown that the trial court committed clear error in terminating their parental rights to the child or at any point during the TPR proceedings. Also finds neither demonstrated a due process violation.
A father who lost custody of his children failed to convince the Court of Appeals of Indiana that the trial court erred by granting custody to the children’s grandmother.
Concerns about a former trustee accused of theft because she worked out-of-state during COVID should have been handled via a civil action, not a criminal action, the Indiana Supreme Court has ruled, vacating the ex-trustee’s 21 theft convictions.
Court of Appeals of Indiana
In the Matter of A.M.J. and A.L.J., Minor Children Alleged to be Children in Need of Services; S.J. (Father) v. Indiana Department of Child Services
23A-JC-2241
Juvenile CHINS. Affirms the Allen Superior Court’s order modifying custody of father S.J.’s sons in favor of their maternal grandmother. Finds the trial court did not abuse its discretion by modifying custody of the children in favor of the maternal grandmother.
A dog sniff that led to a man’s conviction on drug and firearms charges did not unconstitutionally prolong the underlying traffic stop, the 7th Circuit Court of Appeals affirmed Thursday.