Opinions March 8, 2013

March 8, 2013
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Indiana Court of Appeals
In the Matter of the Supervised Estate of Evelyn Garrard; Ronald Garrard v. Debra L. Teibel and Douglas Grimmer and Debra Lindsay
Civil plenary. Affirms summary judgments in favor of Teibel, Grimmer and Lindsay, holding that Garrard had waived all issues on appeal and failed to show an issue of material fact existed. The court also warned Garrard about language in pleadings that disparaged other parties to the litigation and the bench.

KOA Properties, LLC v. Laura Matheison

Small claim. Affirms the small claims court did not abuse its discretion by appointing appellate counsel for Matheison and did not err in denying KOA’s motion to set aside the default judgment. The Court of Appeals ruled the notice of the claim clearly included KOA as a party defendant and found that although KOA was not served a separate notice of the initial claim, it was provided with service reasonably calculated to inform the business that a small claims action had been filed against it.

Cheryl L. Schlimpert v. Timothy M. Schlimpert (NFP)

Domestic relations. Dismisses, concluding wife did not file a timely appeal.

Clark Sales & Service, Inc. v. John D. Smith and Ferguson Enterprises, Inc. (NFP)

Civil plenary. Reverses and remands on interlocutory appeal a preliminary injunction granted to Clark’s based on terms of a non-disclosure agreement.

In the Matter of the Supervised Estate of George Lee Coon, Mark A. Coon v. Allen W. Coon, Donald L. Moster, Jr., and Beverly S. Moster (NFP)
Estate. Affirms summary judgment and concludes that evidence of a postnuptial agreement was properly admitted.

Davion Peterson v. Sandra Owen (NFP)
Protection order. Affirms Owen’s protection order.

Curtis Porter v. State of Indiana (NFP)
Criminal. Affirms conviction and 40-year sentence for Class A felony child molesting.

Ivan Gonzalez v. State of Indiana (NFP)
Criminal. Affirms convictions of two counts of Class D felony intimidation and a count of Class B misdemeanor visiting a common nuisance.

Oo Aka v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felony and a Class A misdemeanor domestic battery.

Andrew Abbott v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony receiving stolen property, but remands to the trial court for proceedings to recalculate pretrial detention credit for time served.

Gateway West Townhouse Association, Barry J. Stern and Judy C. Stern v. Metropolitan Development Commission of Marion County v. SF Industrial Properties-Indianapolis, LLC (NFP)
Miscellaneous/zoning. Affirms trial court dismissal of a petition for judicial review of a zoning variance granted to SF Industrial.

Allen G. Parker v. State of Indiana (NFP)
Criminal. Affirms convictions of murder, robbery and confinement.

Jamie Farmer v. State of Indiana (NFP)
Criminal. Affirms conviction and sentence for Class B felony dealing in a schedule II controlled substance.

Scott Rose v. J.Z. and J.Z. (Adoptive Parents) (NFP)

Adoption. Affirms trial court denial of motion to set aside adoption decree.

Benito S. Gamba, Hilda P. Gamba and Gamba Real Estate Holdings, LLC v. The Ross Group Inc./Ticor Title Insurance Co. v. The Ross Group Inc., Benito Gamba, Hilda Gamba, et al. (NFP)
Civil plenary. Reaffirms in rehearing prior ruling that the Gamba interests are liable for a construction-cost overage.

J.W.S. v. State of Indiana (NFP)
Juvenile. Affirms adjudication as a juvenile delinquent for what would have been a Class D felony conviction of criminal gang activity if committed by an adult.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeal issued no Indiana decisions by IL deadline.



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