Opinions Jan. 13, 2015

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Indiana Court of Appeals
Thrasher Buschmann & Voelkel, P.C. v. Adpoint, Inc., Joel Hall, and Mary Hall
Collections. Affirms trial court denial of Thrasher Buschmann & Voelkel’s motion for summary judgment and reverses the grant of Adpoint’s motion for summary judgment and order that the amount of legal fees owed by Adpoint to the law firm was $11,085.50. The court erred in granting summary judgment to Adpoint based on res judicata and collateral estoppel. Remands to the trial court to determine the amount Adpoint owes TBV for its representation in underlying litigation.

In Re the Visitation of L-A.D.W; R.W. v. M.D. and W.D.
Domestic relation. Affirms in part, reverses in part and remands a trial court’s order granting grandparents M.D. and W.D. visitation with their granddaughter. The trial court did not err in granting visitation but abused its discretion in the amount of visitation it awarded. Remands to the trial court to establish a visitation schedule that allows grandparents occasional, temporary visitation that does not substantially infringe on father’s right to control his daughter’s upbringing, education and religious training.

In Re the Matter of the Paternity of: A.M. by Next Friend, E.D.A. v. B.K.S. (NFP)
Juvenile. Affirms trial court’s award of physical custody of daughter A.S. to father B.S. and denial of mother’s petition to relocate.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of C.C.K., Minor Child, and his Mother C.F., C.F. v. Indiana Department of Child Services (NFP)

Juvenile. Affirms termination of parental rights.

Charles Farrell, III v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

Megan N. Kinsel v. State of Indiana (NFP)
Criminal. Affirms revocation of probation.

Michael A. Patton v. Stardust Transportation, LLC (NFP)
Civil plenary. Affirms in part and reverses in part. The trial court did not err in finding the wage deduction statute was inapplicable to Stardust’s practice of reconciling advance payments. It was not an abuse of discretion for the court to exclude evidence of Patton’s vacation wage claim. The court did abuse discretion in denying Stardust’s motion to amend its answer to include a compulsory counterclaim. Remanded for further proceedings.

Timothy McNamara, Tamara Goodfellow, and Teresa Melton v. Zollman Farms, Inc., Testamentary Trust of Jack D. Roller, and Thomas Michael Carr (NFP)
Civil plenary. Reverses trial court conclusion that a path from a county road to 40 landlocked acres was not a public road by use. Remands with instructions to enter judgment in favor of appellants and for further proceedings such as determining the width of the road and any additional relief to which appellants may be entitled.

Willie Hawkins v. State of Indiana (NFP)
Criminal. Affirms in part, reverses in part and remands Hawkins’ convictions of Class C felony corrupt business influence, Class C felony burglary, and 12 counts of Class D felony theft. Reverses one theft conviction due to the burglary conviction. Remands to the trial court to vacate conviction on that count.


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