Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Adoption of L.C.E.; D.H. v. J.H. and J.D.E.
Adoption. Reverses adoption of L.C.E. by his maternal grandfather J.D.E. The stepfather, D.H., had custody of L.C.E. and his consent is required for the adoption of L.C.E. The trial court erred in granting the grandfather’s petition prior to the expiration of the 30 days provided for objection to be filed and prior to receiving D.H.’s properly filed objection.
Jeffery T. Curry, et al. v. Andrew Whitaker, et al.
Civil collections. Affirms summary judgment for Whitaker and Santa-Cruz Chavez on the Currys’ complaint for invasion of privacy by intrusion, invasion of privacy by false light, and intentional infliction of emotional distress. There is no genuine issue of material fact and Whitaker and Santa-Cruz Chavez are entitled to judgment as a matter of law.
Darlene Baca v. RPM, Inc., c/o Patty Brown
Small claim. Reverses order by Tippecanoe Superior Court 4 that Baca, a disabled and indigent small claims litigant, perform four hours of community service to have her claim set for a hearing. The policy is not a duly promulgated local rule and is unenforceable.
Phyllis Hardy, et al. v. Mary Jo Hardy
Civil plenary. Affirms grant of Mary Jo Hardy’s motion for summary judgment and the denial of Phyllis Hardy and other plaintiffs’ motion for summary judgment on their complaint for declaratory judgment/constructive trust over insurance proceeds. A certified copy of the dissolution decree wasn’t received by the appropriate office before the date of Carlos Hardy’s death and the Federal Employees’ Group Life Insurance Act preempts the plaintiffs’ state law claims.
Frank J. Akey, Personal Rep. of the Estate of Wayne Akey v. Parkview Hospital, et al.
Civil tort. Reverses summary judgment for defendants Parkview Hospital, Dr. McEowen, and Professional Emergency Physicians Inc. in Frank Akey’s complaint for damages following the death of Wayne Akey. The trial court’s exclusion of Dr. Mirro’s expert testimony on causation was an abuse of discretion. Remands for further proceedings.
Term. of Parent-Child Rel. of M.T.; R.T. v. Marion County DCS and Child Advocates (NFP)
Juvenile. Affirms involuntary termination of parental rights.
Martel K. Settles v. State of Indiana (NFP)
Criminal. Affirms convictions of Class B felony robbery.
Shelisa Wimbush v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony aggravated battery.
Indiana Tax Court had posted no opinions at IL deadline.