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Opinions July 8, 2015

July 8, 2015

7th Circuit Court of Appeals
The following opinions were issued after IL deadline Tuesday
Choice Hotels International, Inc. v. Anuj Grover, Arjun Grover and Dharam Punwani

14-3294
Appeal from the U.S. District Court, Northern District of Indiana, Hammond Division;
Judge Joseph S. Van Bokkelen
Civil. Affirms denial of motion for relief from judgment. Finds the investors cannot have the judgment set aside because their attorney failed to protect their interests. Instead they should seek remedy through a malpractice action.

United States of America v. John Smith
14-1119
Appeal from the U.S. District Court, Northern District of Indiana, Hammond Division;
Judge Philip P. Simon
Criminal. Affirms District Court’s denial of Smith’s motion to dismiss charges of conspiring and attempting to possess with intent to distribute cocaine and transferring firearms with knowledge they would be used in drug trafficking. No coercion to engage in criminal activity took place when the government set up a sting that resulted in the charges against Smith, and the District Court did not plainly err by failing to dismiss his indictment.

Indiana Court of Appeals
July 8, 2015
In Re: The Matter of the Supervised Administration of the Estate of Wayne Lewis Stayback, Deceased, Joseph Stayback v. Jeffrey Stayback and Julie Warnke
46A03-1410-ES-378
Estate. Affirms denial of petition to remove Joseph Stayback as trustee and motion to dissolve the trust. Also affirms denial of motions to dismiss and for payment of Joseph Stayback’s fees and expenses. Reverses trial court’s order that income from the billboard leases be distributed equally among Joseph Stayback, Jeffrey Stayback and Julie Warnke.

Cathy Rexroad, et. al. v. Greenwood Motor Lines, Inc. d/b/a R+L Carriers, R&L Carriers Shared Services, LLC, and Richard C. Maples, Sr.
49A04-1408-CT-391
Civil tort. Affirms trial court’s determination that Indiana law applies to a traffic fatality that occurred in Hendricks County. Finds family member’s request to apply Illinois law is not enough to overcome the presumptive lex loci delicti rule.

In re the Matter of: I.J., Child, T.M. v. L.D. and J.D.
57A03-1501-AD-28
Adoption. Reverses the adoption of I.J., finding the court erred in denying motions for genetic testing and to intervene in the adoption proceedings. The trial court erred in denying putative biological father T.M. genetic testing and an opportunity to contest the adoption. While T.M. signed on to the putative father registry after an adoption petition was filed, he did so within 30 days of T.M.’s birth, giving him standing to contest the adoption. Remanded for proceedings.

2513-2515 South Holt Road Holdings, LLC v. Holt Road, LLC, Res Holt Road, LLC, MSP Holt Road, LLC, K3D Holt Road, LLC, and Roll & Hold Warehousing & Distribution Corp.
49A02-1407-MF-525
Mortgage foreclosure. Reverses and remands trial court ruling that lender 2513-2515 South Holt Road is not entitled to recover certain property tax refunds from the defendant borrowers who defaulted on a mortgage. Remands with instructions to enter judgment awarding receipt of tax refunds in question to the lender.

Virginia Tramill, Miah Gant, Marquel Cheaney and Jeremiah Tramill, the Mother and Children of Sara Tramill, Deceased v. Anonymous Healthcare Provider
49A02-1408-CT-528
Civil tort. Affirms in part, reverses in part rulings in a proposed medical malpractice suit. Reverses denial of plaintiffs’ motion for declaratory judgment to facilitate selection of a third panelist on a medical review panel after a panelist was removed. Affirms trial court rulings on various defense motions, holding the appeals court does not have jurisdictions to rule on these judgments that are not final.

Anthony Furlani v. State of Indiana (mem. dec.)
49A02-1412-CR-830
Criminal. Affirms aggregate sentence of 35 years for four counts of child molestation as Class A felonies and three counts of child molestation as Class C felonies.

Jamie Johnson v. Courtney Johnson (mem. dec.)
88A01-1409-DR-406
Domestic relation. Affirms final dissolution decree. Finds any error in failing to explain a deviation from a 50/50 division of remaining property was harmless. Also rules trial court did not abuse its discretion in refusing to order Courtney Johnson to pay attorney fees to Jamie Johnson.

Kyle Beals v. State of Indiana (mem. dec.)
49A02-1411-PC-776
Post conviction. Affirms denial of petition for post-conviction relief.

Eric L. Carter v. State of Indiana (mem. dec.) 
63A01-1412-CR-527
Criminal. Affirms 12-year sentence for possession of a firearm by a serious violent felon, as a Class B felony.
 
Anteis Robinson v. State of Indiana (mem. dec.)
49A04-1411-CR-536
Criminal. Affirms conviction of resisting law enforcement, as a Class A misdemeanor.

Rumaldo M. Juarez v. State of Indiana (mem. dec.)
29A04-1410-CR-508
Criminal. Affirms convictions of Class B felony sexual misconduct with a minor and Class C felony sexual misconduct with a minor.

Christopher Rehtorik v. Jamie Rehtorik (mem. dec.)
64A03-1411-DR-402
Domestic relation. Affirms trial court’s determination that Jamie Rehtorik was entitled to claim minor child on her 2012 federal and state tax returns and affirms denial of Christopher Rehtorik’s motion for rule to show cause. Also affirms order for Christopher Rehtorik to pay $6,000 of Jamie Rehtorik’s attorney fees. Declines Jamie Rehtorik’s request for appellate attorney fees.

Christopher J. Wilson v. State of Indiana (mem. dec.)
79A02-1411-CR-791
Criminal. Affirms 13-year sentence for pleading guilty to sexual misconduct with a minor, a Class B felony.

Mohammed Nadeem v. Shahidatul Abubakar (mem. dec.)
02A04-1407-DR-343
Domestic relation. Affirms order dissolving marriage. Finds trial court did not abuse its discretion in choosing a valuation date for certain marital assets or in failing to consider the fund Nadeem had received from his family as marital debt. Also rules trial court did not abuse its discretion in awarding 60 percent of the marital estate to Abubakar or in ordering Nadeem to pay $14,000 in Abubakar’s attorney fees. Judge Margret Robb concurs in result without opinion.

Kenneth Cushingberry v. State of Indiana (mem. dec.)
49A02-1410-CR-724
Criminal. Affirms one-year sentence for convictions of theft, as a Class A misdemeanor, and possession of marijuana, as a Class B misdemeanor.

Cindy Brothers, As Personal Representative of the Estate of Kristopher Stately, Deceased, Alicia Arnold and Tiffany Arnold v. Lake Holiday Enterprises, Inc. (mem. dec.)
37A03-1410-CT-347
Civil tort. Affirms summary judgment in favor of Lake Holiday on Alicia and Tiffany Arnold’s bystander claims of negligent infliction of emotional distress. Finds its reversal of summary judgment on the remaining claims remains appropriate.

Allen E. Wilson v. Amy L. Wilson (mem. dec.)
34A02-1410-DR-754
Domestic relation. Affirms trial court’s denial of Allen Wilson’s post-judgment requests for further discovery and exclusion of husband’s $36,815 advance from the marital estate. Reverses trial court’s inclusion of four race cars in the marital estate and the valuation of the 2002 Corvette. Remands with instructions that the trial court include only the $7,500 Outlaw in the marital estate and value the 2002 Corvette at $19,000.

 

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