Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Citimortgage, Inc. v. Shannon S. Barabas, et al.
Civil collection. Affirms grant of amended default judgment in favor of ReCasa Financial Group and Rick Sanders. The trial court did not abuse its discretion when it found that Indiana Code Section 32-29-8-3 precluded Citimortgage’s claim because Citimortgage failed to intervene more than a year after it first acquired interest in the property. When Irwin Mortgage filed a petition and disclaimed its interest in the foreclosure, MERS, as mere nominee and holder of nothing more than bare legal title to the mortgage, did not have an enforceable right under the mortgage separate from the interest held by Irwin Mortgage. Judge Brown dissents.
R.P. & L.P., Alleged to be C.H.I.N.S.; N.P. v. I.D.C.S.
Juvenile. Affirms findings that the children are children in need of services. The trial court had jurisdiction even though it failed to conduct a fact-finding hearing within the 60-day statutory time limit. The Department of Child Services produced sufficient evidence to prove by a preponderance of the evidence that R.P. and L.P. are CHINS. The trial court’s findings did not violate the mother’s right to procedural due process.
Ronald E. Lewis v. State of Indiana (NFP)
Criminal. Affirms in part the denial of credit time. Reverses in part as it appears Lewis didn’t receive credit time for one day and remands to the trial court to credit him with one additional day of time served while confined awaiting sentencing for another case.
Jill (Lambert) Fox v. Jeffrey Lambert (NFP)
Domestic relation. Affirms trial court’s findings of fact, conclusions of law and judgment, finding Jill Fox in contempt and extending parenting time in favor of Jeffrey Lambert.
Shonk Electric, Inc. v. Siemens Medical Solutions USA, Inc. (NFP)
Civil collection. Affirms entry of summary judgment in favor of Siemens and award of attorney fees in favor of Siemens. Remands for the trial court to determine Siemens’ appellate attorney fees.
David H. Brown v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea but mentally ill to two counts of child molesting, one as a Class A felony, one as a Class C felony.
Deborah P. Keever v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor false informing.
Indiana Tax Court had posted no opinions at IL deadline.