Opinions Aug. 24, 2015

August 24, 2015
KEYWORDS Opinions / neglect

7th Circuit Court of Appeals
JMB Manufacturing Inc., d/b/a/ Summit Forest Products Co. v. Child Craft, LLC, et al
Harrison Manufacturing, LLC, f/k/a Child Craft, LLC v. Ron Bienias
Civil tort. Reverses judgment on Child Craft’s negligent misrepresentation counterclaim against Bienias and Summit. Directs the District Court to enter final judgment in favor of Bienias and Summit on that counterclaim. Affirms dismissal of Child Craft’s breach of contract against Summit and Summit’s claims against Child Craft.  

Indiana Supreme Court
The following opinion was issued after IL deadline Friday.
The Huntington National Bank v. Car-X Assoc. Corp.
Mortgage foreclosure. Affirms trial court denial of Huntington’s motion to set aside a default judgment for excusable neglect. Remands to the trial court to reconsider whether equitable reasons support granting Huntington’s motion under Trial Rule 60(B)(8).

Indiana Court of Appeals
Benny Harris v. Tonya Harris (n/k/a Keith)
Domestic. Affirms in part, reverses in part and remands. The trial court erred in ordering the division of Benny Harris’ Tier I railroad retirement benefits when the account reaches pay status. Remands to the court to strike such language from its order. Affirms equitable division of martial estate and denies Tonya Harris’ request for appellate attorney fees. Judge James Kirsch concurs in part but would affirm the trial court’s order with regard to the Tier I retirement benefits.

In the Matter of the Term. of the Parent-Child Relationship of T.K., Mother, J.W.R., Father, and K.R., J.R., and N.K., Children: T.K. and J.W.R. v. Ind. Dept. of Child Services (mem. dec.)
Juvenile. Affirms termination of parental rights.

James Johnson v. State of Indiana (mem. dec.)
Criminal. Affirms trial court determination that Johnson had committed a crime of domestic violence when he was convicted of Class C felony battery resulting in serious bodily injury.

Dennis Gifford and Mary Gifford v. Jeffrey Wicks and James Ector (mem. dec.)
Civil plenary. Reverses grant of summary judgment in favor of Wicks and Ector and remands for proceedings.

Thomas Missler and Allison Missler v. State Farm Insurance Company and Indiana Restoration & Cleaning Services, Inc.

Civil plenary. Affirms in part, reverses in part and remands a grant for summary judgment in favor of State Farm defendants. Remands for proceedings to determine whether the contract between the Misslers and Indiana Restoration & Cleaning Services was enforceable.

Patrick D. Keith v. State of Indiana (mem. dec.)
Criminal. Affirms aggregate sentence of 17 and a half years executed for convictions of Class B felony possession of methamphetamine, Class D felony possession of meth and possession of a controlled substance, and Class A misdemeanor possession of paraphernalia and for being a habitual substance offender.

Robert A. Olson v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of probation.

Hans Gunther Oberth v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Kirsten L. Nolan v. Matthew A. Huff (mem. dec.)
Domestic. Reverses trial court order modifying custody. Remands for findings regarding whether modification was in the children’s best interests.

Eugene Hill v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Level 6 felony residential entry.

Donnis K. Wilkerson v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class B felony unlawful possession of a firearm by a serious violent felon.