Indiana Court of Appeals
Robert Durall v. Mark S. Weinberger, M.D., Mark Weinberger, M.D., P.C., Merrillville Center for Advanced Surgery, LLC, and Nose and Sinus Center, LLC
Civil tort. Dismisses grant of partial summary judgment to Mark Weinberger and other defendants. This discretionary interlocutory appeal is untimely.
Tanner Piotrowski v. State of Indiana
Criminal. Affirms denial of Piotrowski’s motion to exclude any evidence or testimony from the state Department of Toxicology. After reviewing the relevant statutes, finds that the Legislature intended I.C. 10-20-2-7 to effectuate a transfer of control of the Department of Toxicology from the Indiana University School of Medicine to the state of Indiana. Although the Legislature transferred rulemaking authority to the state, it did not specifically require the state to promulgate a new set of rules regarding breath testing and gave the state discretion to rely upon the rules previously in existence. The court did not err when it denied Piotrowski’s motion to exclude.
In the Matter of the Adoption of J.L.J. and J.D.J., Minor Children; J.J. and T.H. v. D.E.
Adoption. Affirms order dispensing with father’s consent to the adoption of his children and denying grandmother T.H.’s petitions for guardianship and adoption of her grandchildren in favor of D.E. Sufficient evidence supports the trial court’s determination that father’s consent was not required based on his knowing failure to provide care and support for the twins despite an ability to do so. The trial court did not abuse its discretion in concluding that grandmother was not entitled to notice of the guardianship proceedings. Affirms it is in the best interest of the twins to remain with the guardian.
Segun Rasaki v. State of Indiana
Criminal. Dismisses Rasaki’s appeal following conviction of Class D felony sexual battery and Class B misdemeanor battery. Concludes, sua sponte, that the appeal is untimely.
State of Indiana v. Jeremy Ripperdan (NFP)
Criminal. Reverses suppression of the results of a search of property where Ripperdan had allegedly previously sold methamphetamine. Remands for further proceedings.
Jonathan "Slade" Taylor and Mark A. Casey v. Eric "Rico" Elmore and Fatheadz, Inc. (NFP)
Civil plenary. Reverses summary judgment for Elmore and Fatheadz on a complaint alleging fraud and other claims.
In the Matter of: R.C. v. K.P. (NFP)
Protective order. Affirms protective order against R.C.
In Re the Adoption of D.E.C.; B.C. v. P.L. (NFP)
Adoption. Affirms finding that father’s consent to stepfather’s adoption of D.E.C. was not necessary and that the adoption was in the child’s best interest.
In Re the Marriage of: Earika Fussner v. Clint Fussner (NFP)
Domestic relation. Affirms denial of wife’s motion for clarification and husband’s motion to dismiss.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.