Court of Appeals of Indiana
Maria L. Cole v. Peter G. Cole
21A-MI-2415
Miscellaneous. Reverses the St. Joseph Circuit Court’s determination that Maria Cole’s children, J.M.C. and L.R.C., have their “habitual residency” in the Federal Republic of Germany under the Hague Convention on the Civil Aspects of International Child Abduction. Finds the trial court erred when it determined the children have their habitual residency in Germany and not in the United States.
Court of Appeals of Indiana
Scott Geels and Erica Leitch v. Desiree Morrow and Sean Riley
21A-MI-960
Miscellaneous. Grants Scott Geels and Erica Leitch’s petition for rehearing to correct the mislabeling of their underlying proceedings brought against Desiree Morrow and Sean Riley. Finds that the appellate review standards for guardianship cases and de facto custodian cases are used interchangeably by the Court of Appeals of Indiana and the Indiana Supreme Court. Therefore finds the trial court’s determination that Morrow’s child’s best interests were served by remaining in the custody of her mother prohibits a ruling in the appellants’ favor, regardless of whether the proceeding was for guardianship or custody as de facto custodians. Affirms the appellate court’s prior decision in all other respects.
Court of Appeals of Indiana
Cordell D. Patterson, Jr. v. State of Indiana (mem. dec.)
21A-CR-1573
Criminal. Affirms Cordell D. Patterson Jr.’s conviction of murder and his 62-year sentence. Finds the Allen Superior Court did not abuse its discretion in limiting cross-examination to only the plea agreement reached by Montell Jones and the state. Also finds the trial court did not abuse its discretion in permitting Maria Williams to testify despite finding that she had violated a separation order. Finally, finds Patterson has not established that his sentence is inappropriate.
Court of Appeals of Indiana
Eric S. Rambo v. Liane K. Rambo
21A-DC-2472
Domestic relations with children. Reverses the Adams Circuit Court’s issuance of a provisional order related to Eric and Liane Rambo’s dissolution of marriage action that required the parties to auction their house in 90 days and to use that time “to rehabilitate the property to maximize its value to marital estate.” Finds Indiana Code § 31-15-4-8 does not allow a court to order the sale of property. Remands for the entry of a revised provisional order.
Court of Appeals of Indiana
Biodynamic Extraction, LLC d/b/a Biodynamics Extract, LLC v. Kickapoo Creek Botanicals, LLC
21A-CT-2446
Civil tort. Affirms the denial of Biodynamic Extraction LLC d/b/a Biodynamic Extract LLC’s motion to set aside judgment pursuant to Indiana Trial Rule 60(B)(1), which affirmed summary judgment in favor of Kickapoo Creek Botanicals. Finds the Marion Superior Court did not abuse its discretion by denying BDX’s motion to set aside the default judgment entered against it.
Court of Appeals of Indiana
Jesse L. Mathews v. State of Indiana
20A-CR-2229
Criminal. Affirms the Clay Circuit Court’s decision to use the state’s jury instruction on the issue of motive in a partial decapitation case in which Jesse Mathews was convicted of felony murder and Level 6 felony abuse of a corpse. Finds that either the trial court or the state’s instruction would have produced the same verdict. Also finds the trial court did not abuse its discretion is excluding evidence of a witness’s purported call to a police officer. Finally, finds a mistrial was not warranted in response to an individuals’ spontaneous testimony regarding a possible polygraph test, and the cumulative effect of the trial court’s decisions does not require reversal of Mathews’ conviction.
Court of Appeals of Indiana
Cliff Decker and Wendy Decker, individually and on behalf of all others similarly situated v. Star Financial Group, Inc.
21A-PL-2191
Civil plenary. Reverses and remands the Allen Superior Court’s grant of a motion to compel arbitration filed by Star Financial Group, Inc. against Cliff and Wendy Decker. Finds that the Deckers did not receive reasonable notice of the arbitration provision. As such, finds the trial court erred by granting Star Financial’s motion to compel arbitration. Judge Terry Crone dissents with a separate opinion, opining that the Deckers’ failure to seasonably read the change notice does not relieve them from their contractual obligations.
Court of Appeals of Indiana
Kathryn Davidson v. State of Indiana; Indiana Department of Transportation; I69 Development Partners, LLC; DLZ Indiana, LLC; Aztec Engineering Group, Inc.; and Walsh Construction Company II, LLC
21A-CT-1516
Civil tort. Reverses the Monroe Circuit Court’s dismissal of Kathryn Davidson’s complaint against State of Indiana; Indiana Department of Transportation; I69 Development Partners, LLC; DLZ Indiana, LLC; Aztec Engineering Group, Inc.; and Walsh Construction Company II, LLC. Finds that the trial court erred when it dismissed Davidson’s complaint pursuant to the doctrine of collateral estoppel and due to claim splitting.
Court of Appeals of Indiana
The Estate of Michael David Estridge, Sr. v. Lana Ann Taylor
21A-DN-1379
Domestic relations, no children. Affirms the denial of the estate of Michael David Estridge Sr.’s request for annulment of the marriage between the descendants, Michael David Estridge Sr., and Lana Ann Taylor, as well as the denial of Taylor’s request for attorney fees. Finds the Marion Superior Court did not err in denying the estate’s petition to annul the marriage. Also finds no statutory provision allows Taylor to request attorney fees following an action based on Indiana Code 31-11-8-4, so she is not entitled to attorney fees. Finally, finds the economic conditions of both parties are not sufficiently disparate to support attorney fees.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Thursday.
Paul Palmer Jr. II v. Indiana University and The Trustees of Indiana University
21-1634
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Civil. Affirms summary judgment granted to Indiana University on a Title VII complaint filed by employee Paul Palmer Jr. II. Finds Palmer’s failure-to-promote claim is time-barred. Finds Palmer’s unequal pay claim fails on the merits. Concludes the undisputed evidence shows Palmer enjoyed higher pay than all of his colleagues, except for one, who is not a proper comparator. Judge Frank Easterbrook concurs.
Court of Appeals of IndianaCourt of Appeals of Indiana
Parkview Hospital, Inc. v. American Family Insurance Company
21A-PL-1369
Civil Plenary. Affirms the Allen Superior Court’s consideration of damages and attorney fees on remand and affirms the trial court’s denial of Parkview Hospital’s request for attorney fees under the Hospital Lien Act, Ind. Code §§ 32-33- 4-1 to -8 (2015). Reverses the trial court’s judgment that American Family is liable for the full amount of the hospital’s lien, $95,541.88. Finds the insurance company’s obligation under the lien act is not greater than its policy limit of $50,000. Remands with instructions to enter judgment for Parkview and against American Family in the amount of $50,000 plus pre-judgment interest.
Court of Appeals of Indiana
Conroad Associates, L.P. v. Castleton Corner Owners Association, Inc. and McKinley, Inc.
21A-PL-1125
Civil plenary. Affirms the Marion Superior Court’s grant of the Castleton Corner Owners Association’s motions, its amendment of the original judgment pursuant to the COA’s instructions in Castleton Corner I and its decision to vacate the original order in proceedings supplemental, among other things. Holds that the trial court’s continued exercise of jurisdiction was proper and the manner of enforcing the judgment on the Association’s liability remained in fieri in the trial court. Finds the Association’s motion to vacate the original proceedings supplemental order did not violate the bankruptcy stay and was not untimely. Finally, finds the trial court did not err in vacating the original order.
Court of Appeals of Indiana
County Materials Corp. and Central Processing Corp. v. Indiana Precast, Inc., Ryan S. Gookins, and Richard A. Rectenwal III
20A-PL-1683
Civil plenary. Affirms the judgment of the Hancock Superior Court with respect to the denial of County Materials Corp. and Central Processing Corp.’s request to set aside final judgment for Ryan S. Gookins, Richard A. Rectenwal III and Indiana Precast Inc., as well as the denial of Central’s request to set aside the award of attorney fees. Reverses the denial of County’s request to set aside the award of attorney fees. Finds Central knew and subsequently admitted that it suffered no damages, so the trial court could reasonably find that Central’s act of bringing and/or continuing to litigate its numerous claims against the Precast parties was frivolous, unreasonable, groundless and done in bad faith. Also finds the Precast parties’ actions or inactions complicated County’s efforts to show that their case was not unreasonable or groundless. Finally, finds there were no grounds for the trial court to vacate its directed judgment against Central and in favor of the Precast parties, and County failed to show that it was entitled to relief under Indiana Trial Rules 59, 60(B)(2) or 60(B)(3).
Court of Appeals of Indiana
Lisa Rose Fedij v. State of Indiana
21A-CR-1481
Criminal. Reverses Lisa Rose Fedji’s conviction of Class A misdemeanor possession of marijuana but affirms her conviction of Class C misdemeanor possession of paraphernalia. Finds that the Hamilton Superior Court abused its discretion when it admitted the writing and symbols from packages in Fedij’s possession into evidence under the market reports exception to hearsay, Evidence Rule 803(17). Also finds insufficient evidence to support Fedij’s Class A misdemeanor conviction, but sufficient evidence supports the Class C misdemeanor conviction. Remands with instructions for the trial court to vacate Fedij’s conviction and sentence for the Class A misdemeanor conviction.
Court of Appeals of Indiana
Adam Kristopher Baumholser v. State of Indiana
21A-PC-2138
Post-conviction. Affirms in part, reverses in part Adam Kristopher Baumholser’s convictions for Class A felony child molesting and two counts of class C felony child molesting and petitioned for post-conviction relief. Finds that trial counsel provided ineffective assistance by failing to move to dismiss the class C felony charges and that Baumholser is entitled to relief on that claim. Reverses on that issue but affirms in all other respects.
Court of Appeals of Indiana
Justin Yeary v. State of Indiana
21A-CR-1080
Criminal. Reverses Justin Yeary’s conviction of Level 1 felony dealing in a controlled substance resulting in death. Finds the drug-induced homicide statute required the state to prove the drugs sold by the defendant were both the proximate cause and the actual cause of the victim’s death and does not improperly inhibit a defendant’s ability to contest such proof. Also finds the text messages Tyler Humphrey sent in the days immediately preceding his death are relevant to the question of whether the drugs Yeary sold Humphrey caused Humphrey’s death. Finally, finds the Hamilton Superior Court’s jury instructions did not properly convey to the jury the necessity of finding Yeary’s drugs were the actual cause and proximate cause of Humphrey’s death, which resulted in reversible error. Remands for further proceedings, including the option of a retrial.
Court of Appeals of Indiana
State of Indiana v. Lamar Fox
21A-CR-2445
Criminal. Reverses the grant of Lamar Fox’s motion to suppress. Finds the home detention contract Fox signed explicitly stated he waived his Fourth Amendment and state constitutional rights. Also finds State v. Ellis, 167 N.E.3d 285 (Ind. 2021), applies.
Court of Appeals of Indiana
In the Matter of the Termination of the Parent-Child Relationship of T.S., Father, M.B.H., Mother, and A.S., Minor Child, M.B.H. v. Indiana Department of Child Services (mem. dec.)
21A-JT-1832
Juvenile termination of parental rights. Affirms the termination of mother M.B.H.’s parental rights to A.S. Finds clear and convincing evidence supported the juvenile court’s conclusions that there was a reasonable probability the conditions that led to A.S.’s removal and continued placement outside M.B.H.’s care will not be remedied, and that continuation of the parent-child relationship posed a threat to A.S.’s well-being.
Court of Appeals of Indiana
Barclays Investment Funding LLC & T. Tad Bohlsen v. Jamalee Investments, LLC
21A-PL-2015
Civil plenary. Dismisses Barclays Investment Funding LLC’s appeal of the denial of its motion to reconsider the Madison Circuit Court’s order striking Barclays’ motion to set aside a default judgment on a mortgage complaint. Finds Barclays’ motion to reconsider was instead a motion to correct error, and such motion was untimely.
Court of Appeals of Indiana
In the Matter of the Marriage of: Andrew J. Hoesli v. Jamie L. Hoesli (mem. dec.)
21A-DC-2001
Domestic relations with children. Reverses the Perry Circuit Court’s division of property in the dissolution of the marriage of Andrew Hoesli and Jamie Hoesli. Finds the trial court erred by issuing a retroactive possession of property and excluding the Huber Funeral Home distributions from the marital estate. Remands for the trial court to include the distributions in the marital estate and either divide the marital property pursuant to the rebuttable presumption of an equal division or set forth its rationale for an unequal division of the marital estate.