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Opinions Nov. 17, 2014

November 17, 2014

Indiana Court of Appeals
In the Matter of the Walter Penner Trust Under Agreement Created by the Grantor, Walter Penner on April 13, 2010, Stanley Penner v. Ronald Penner
45A03-1212-TR-516
Trust. Affirms trial court’s denial of Stanley Penner’s Petition for Trustee’s Accounting, for Order to Sell Real Estate, and Related Matters. Also affirmed trial court’s order that Stanley pay $13,166 in attorney fees to the Penner Trust. Remands for the trial court to determine and order Stanley to pay the appellate attorney fees for the trust. Finds Ronald did not breach the trust. The language of the trust is unambiguous and, therefore, overrides the state statutes that require trusts to provide access to an accounting.   

E.W., O.W., v. J.W.
82A04-1401-AD-40
Adoption. Affirms trial court’s denial of E.W.’s (the father) petition to terminate J.W.’s (the mother) parenting and of O.W.’s (the grandmother) petition to adopt R.W. (the minor child). Did not find the trial court’s judgments were erroneous when the lower court concluded J.W. was a fit parent, she did maintain significant communication with the child and she did attempt to provide nonmonetary contribution to R.W.’s care. Finds the trial court denial of the father’s petition for a protection order did not comply with Indiana Trial Rule 52(A) and called the lower court’s ruling “disturbing.” It remanded for further proceedings on the protection order.

Gregory Hudson v. State of Indiana
49A05-1404-CR-162
Criminal. Affirms conviction of Class C felony failure to stop after an accident resulting in death, finding the evidence was sufficient to support the conviction. The court also rejected Hudson’s argument that he might have been unable to comply with I.C. 9-26-1-1 if he had returned to the scene of a fatal crash because he might not have discovered the victim’s body.

Church of the Brethren, South/Central Indiana District v. Roann Church of the Brethren, Inc., Roann Break-Away Group and the Roann Church, Inc.
85A02-1403-PL-166
Civil plenary. Affirms judgment in favor of Roann Church parties in a dispute over ownership of property. The trial court did not err when it concluded the congregation did not create a trust that entitled the Church of the Brethren to ownership of property in the event of a schism.

Ben Robinson v. State of Indiana (NFP)
71A03-1312-PC-489
Post conviction. Affirms denial of post-conviction relief.

In the Matter of the Termination of the Parent-Child Relationship of R.A., R.A. v. Indiana Department of Child Services (NFP)
49A02-1403-JT-196
Juvenile. Affirms termination of parental rights.

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