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Opinions Dec. 16, 2014

December 16, 2014

Indiana Supreme Court
Mark Rolley v. Melissa Rolley
87S01-1412-DR-739
Domestic relation. Affirms modification of child support order. Rules in a per curiam decision that ruling by Indiana Court of Appeals that an order of child support could be modified either because a substantial and continuing change in circumstances or, after 12 months, a 20 percent deviation.

Indiana Court of Appeals
In Re the Paternity of T.H., Tyrone Hutchins, Jr. v. Kellishia Kelly
84A05-1404-JP-161
Juvenile. Affirms denial of father’s petition to rescind or vacate paternity affidavit. The trial court did not abuse its discretion when it found too much time passed between singing the paternity affidavit in September 1998 and when father filed his petition in September 2013 and that father never raised the issue until his requests for modification of child support failed.

Thomson, Inc. n/k/a Technicolor USA, Inc., et. al. v. XL Insurance America, Inc. f/k/a Winterthur International America Insurance Co., et. al.
49A02-1401-PL-9
Civil plenary. Divided panel reverses summary judgment in favor of XL on claims arising from environmental cleanup expenses incurred by Thomson at plant sites in Taiwan and in Circleville, Ohio. The majority found an issue of fact exists as to whether Thomson had actual knowledge of its liability due to contamination. Judge John Baker dissented and would affirm the trial court, holding that the known loss doctrine prohibits Thomson from recovering damages based on costs at either site.

Sandra Akiwumi v. Eric Akiwumi
49A05-1403-DR-129
Domestic relation. Affirms trial court finding of contempt against Sandra Akiwumi for denying parenting time to Eric Akiwumi and failing to notify him of her new employer’s name, address and phone number. Mother’s due process rights were not violated when the trial court rejected her defense that she offered to meet with father while he visited her in Tampa, Florida. The evidence was sufficient to affirm the contempt finding, and mother waived her objection to paying father’s attorney fees.
 
Chad Folkening, DSL.Com, Inc. and eCorp, v. Megan Van Petten n/k/a Megan Van Petten Walton
49A02-1403-PL-181
Civil plenary. Majority affirms $175,000 trial court judgment in favor of Van Petten, rejecting Folkening’s argument that the complaint was time-barred under I.C. 34-11-2-9, which imposes a six-year limit on the initiation of litigation. The appeals panel found the trial court correctly ruled that the litigation was not time-barred under I.C. 34-11-2-11, which permits a 10-year filing period on contracts other than those for the payment of money. Judge Patricia Riley dissented, holding that Van Petten’s claim is based solely and entirely on Folkening’s breach of his obligations to pay money.

In Re: The Marriage of Helen Fisher v. Ronald Fisher
64A05-1403-DR-150
Domestic relation. Affirms in part, reverses in part and remands for proceedings. The trial court erred in its valuation of an Individual Retirement Account but did not abuse its discretion by declining to deviate from the presumptive equal distribution of marital property.

Preferred Professional Ins. Co., and Hills Ins. Co. Inc., v. Crystal West, William West, and Ind. Dept. of Ins., Patient's Comp. Fund
49A02-1403-CT-163
Civil tort. Affirms that the allegations made by the Wests constitute claims of common law negligence, not medical malpractice, and thus, do not fall within the Indiana Medical Malpractice Act. Concludes the MMA was not intended to cover claims by third parties with no relationship to the medical provider. Judge Margret Robb concurred in result.

In the Matter of the Civil Commitment of W.S. v. Eskenazi Health, Midtown Community Mental Health
49A02-1404-MH-274
Mental health. Affirms the trial court’s conclusion that W.S. is mentally ill and gravely disabled. However, remanded for further hearing to determine is W.S.’s monthly injections of Haldol Decanoate are providing him a substantial benefit or just controlling his behavior. Agreed with W.S. that Midtown failed to present evidence that the medication was helping him and that benefit outweighed any risk of harm.

Dennis Wright v. Lacabreah Community Association, Inc. (NFP)
02A03-1403-PL-107
Civil plenary. Affirms summary judgment in favor of Lacabreah.
 
F.I.P., LLC., Todd Finner, and Scott Finner v. Nick Petrovski (NFP)
45A03-1405-PL-162
Civil plenary. Affirms on interlocutory appeal trial court’s denial of summary judgment in favor of F.I.P.

J.H. v. J.N. (NFP)
29A02-1405-PO-329
Protection order. Affirmed in part, reversed in part. While the trial court applied an incorrect legal standard, its finding that no act of stalking occurred is determinative. The trial court erred in awarding attorney fees to J.N.

Djuan Faceson v. State of Indiana (NFP)
49A02-1405-CR-305
Criminal. Affirms conviction of Class C felony carrying a handgun without a license.

Donielle Sims v. State of Indiana (NFP)
45A03-1404-PC-120
Post conviction. Affirms denial of post-conviction relief.

Jeremy Dallas Jenkins v. State of Indiana (NFP)
15A01-1405-CR-225
Criminal. Affirms conviction and 16-year sentence for Class B felony burglary.

Omobea Kotea Miller v. State of Indiana (NFP)
65A05-1401-CR-32
Criminal. Affirms order revoking probation.

Thomas D. Dillman v. State of Indiana (NFP)
53A01-1406-CR-261
Criminal. Affirms denial of petition for home detention credit time.

Orley D. Yarber v. State of Indiana (NFP)
65A01-1310-CR-433
Criminal. Affirms conviction of Class B felony rape, Class C felony incest and adjudication as a habitual offender. Remands to correct the sentencing order, abstract of judgment and chronological case summary to reflect the 10-year habitual offender enhancement is applied to the rape conviction.

State of Indiana and Indiana Department of Correction v. Ray Miles (NFP)
48A04-1401-MI-29
Miscellaneous. Affirms order that Miles is required to register as a sex offender for life.

In Re the Paternity of A.C-F., J.F. v. T.C. (NFP)
08A02-1405-JP-315
Juvenile. Affirms award of primary physical custody of A.C-F. to father, T.C. 

Jeffrey C. Buzzard v. State of Indiana (NFP)
02A03-1403-CR-75
Criminal. Affirms convictions and 126-year sentence for four counts of Class A felony child molesting, one count of Class C felony child molesting and five counts of Class D felony child seduction.

In the Matter of the Term. of the Parent-Child Relationship of K.B., and J.B. Father v. Ind. Dept. of Child Services (NFP)
09A02-1404-JT-247
Juvenile. Affirms termination of father J.B.’s parental rights.

James W. Hamilton v. State of Indiana (NFP)
32A01-1403-PC-128
Post conviction. Affirms denial of post-conviction relief.

William Temple v. New Castle Correctional Facility (NFP)
33A01-1408-MI-336
Miscellaneous. Again reverses and remands “Petition for Writ of State Habeas Corpus Relief” to Marion Superior Court, where Temple was convicted and sentenced.
 

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