Court opinions

Indiana Court of Appeals
ShermansTravel Media, LLC v. Gen3Ventures, LLC
19A-PL-3024
Civil plenary. Reverses the Marion Superior Court’s grant of summary judgment in favor of Gen3Ventures, LLC against ShermansTravel Media, LLC. Finds the question of whether Shermans substantially performed its obligations under the parties’ settlement agreement is a disputed issue of material fact. Remands for further proceedings. Judge Elaine Brown concurs with a separate opinion. Judge Terry Crone dissents with a separate opinion.

Indiana Court of Appeals
In re the Termination of the Parent-Child Relationship of A.E. (Minor Child) and K.E. (Mother) v. Indiana Department of Child Services (mem. dec.)
20A-JT-109
Juvenile termination. Affirms the termination of K.E.’s parental rights to her minor child, A.E. Finds the Department of Child Services made reasonable efforts to reunify mother and A.E. Therefore, mother has not established that her due process rights were violated. Also finds the Marion Superior Court order terminating mother’s parental rights is supported by clear and convincing evidence.

Indiana Court of Appeals
Jessica M. Skeens v. State of Indiana
19A-CR-02475
Criminal. Affirms Jessica Skeens’ 41-year sentence for conviction of Level 1 felony neglect of a dependent resulting in death, three counts of Level 6 felony neglect of a dependent, and Class B misdemeanor marijuana possession. Finds, among other things, no abuse of discretion in the Delaware Superior Court’s instruction to the jury on causation. Finds Skeens’ sentence is not inappropriate in light of the nature of the offenses and her character.

Indiana Court of Appeals
Delaware County Regional Wastewater District v. Muncie Sanitary District, et al.
19A-EX-2964
Agency. Affirms the Indiana Utility Regulatory Commission’s approval of a Muncie city ordinance giving the Muncie Sanitary District an exclusive license to provide sewer service to customers in unincorporated areas within four miles of the city’s municipal corporate boundaries. Finds that under Indiana Code § 8-1.5-6, the IURC had the jurisdiction and authority to approve the ordinance, so its order was not contrary to law.

Indiana Court of Appeals
Centennial Park, LLC v. Highland Park Estates, LLC
20A-PL-467
Civil plenary. Affirms the Monroe Circuit Court’s denial of Centennial Park LLC’s motion for relief from the trial court’s injunction preventing Centennial from using an easement over a lot it purchased in the Highland Park subdivision for a construction and access road. Finds the vacation of a nuisance covenant did not change circumstances such that it would be inequitable to enforce the injunction prospectively. Also finds that because the record supports a conclusion that the access road would be a nuisance with or without the covenant, Centennial Park has failed to establish that the trial court abused its discretion in denying its motion for relief from judgment.

Indiana Court of Appeals
Santos Cortez, et al. v. Indiana University Health, Inc., et al.
19A-CT-02540
Civil tort. Affirms dismissal of a lawsuit in Marion Superior Court alleging IU Health employees falsified Santos Cortez’s medical records in a medical malpractice complaint that was settled. Holds that claims regarding the alleged alteration of Cortez’s medical records fall within the scope of the Medical Malpractice Act and therefore should have been first submitted to a medical review panel.

Indiana Court of Appeals
Nicholas David McHenry v. State of Indiana
19A-CR-02460
Criminal. Affirms Nicholas McHenry’s aggregate 24-year sentence for his convictions of two counts of Level 4 felony child molesting. Declines the state’s request to dismiss McHenry’s appeal because his plea agreement allowed him to appeal his sentence following an open plea, and the plea agreement left sentencing entirely to the trial court’s discretion. Finds that McHenry’s sentence is not inappropriate given the nature of his offense and his character, particularly in light of McHenry’s continuing acts of criminal sexual behavior.