7th Circuit Court of Appeals
The following opinion was issued after IL deadline Monday.
Emily Herx v. Diocese of Fort Wayne – South Bend, Inc. and St. Vincent de Paul School
U.S. District Court, Northern District of Indiana, Fort Wayne Division.
Judge Robert Miller Jr.
Civil. Grants Emily Herx’s motion to dismiss for lack of appellate jurisdiction. Rejects the argument from the diocese for a collateral-order review, finding the church’s interest will not be irreparably harmed by waiting for the District Court to issue a final judgment.
Indiana Court of Appeals
The Huntington National Bank v. Car-X Associates Corp.
Mortgage foreclosure. Reverses trial court denial of motion to set aside judgment in favor of Car-X Associates. Remands for proceedings. The majority, Judges Elaine Brown and Cale Bradford, concluded that Huntington was entitled to relief from the default judgment due to excusable neglect and a meritorious defense. Dissenting Judge Michael Barnes held that one employee’s maternity leave was not excusable neglect for a large bank, and as such he would defer to the trial court’s discretion.
Kevin Soucy v. State of Indiana
Post conviction. Reverses denial of Soucy’s petition for post-conviction relief. Although he pleaded guilty to two counts of intimidation, the COA finds his court-appointed counsel failed to advise him that the state did not have any evidence he violated the intimidation statute since his threats were never communicated to his intended victim. Rules Soucy has shown a reasonable probability that he would have prevailed at trial if his attorney had challenged the charges.
Beverly S. Stillson v. St. Joseph County Health Department
Civil tort. Reverses summary judgment in favor of St. Joseph County Health Department on Stillson’s complaint alleging retaliatory firing. Stillson designated sufficient evidence to establish a genuine issue of material fact whether the department had asked her to exceed her scope of practice as a nurse in treating patients at a sexually transmitted diseases clinic.
Richard Ray v. Twin Lakes Regional Sewer District (NFP)
Civil plenary. Affirms judgment in favor of Twin Lakes.
Cindy A. Hylman v. State of Indiana (NFP)
Criminal. Affirms convictions of Class B felony dealing in methamphetamine and Class D felony maintaining a common nuisance.
Roy E. Disney v. State of Indiana (NFP)
Criminal. Affirms trial court denial of his “verified order to be released without parole after completed term of imprisonment.”
In the Matter of the Termination of the Parent-Child Relationship of: K.P., Minor Child, and K.P., Father v. The Indiana Department of Child Services (NFP)
Juvenile. Affirms termination of parental rights.
Cyndi L. Turnpaugh v. Douglas W. Turnpaugh (NFP)
Domestic relation. Affirms denial of Cyndi Turnpaugh’s motion for relief from judgment allowing Douglas Turnpaugh therapeutic visitation with their children.