Opinions Feb. 10, 2016

February 10, 2016

Indiana Court of Appeals
Thomas A. Ambrose II v. Dalton Construction, Inc.

Civil collection. Clarifies on rehearing that there is a statutory requirement that modifications to a home improvement contract must be in writing, notwithstanding the language in Sees v. Bank One, Ind., N.A., 839, N.E.2d 154, 161 (Ind. 2005). But this does not change the result of the case and affirms denial of Ambrose’s motion for summary judgment and the entry of final judgment in favor of Dalton Construction on its complaint to foreclose a mechanic’s lien.

Health and Hospital Corporation of Marion County v. Dennis Foreman
Ordinance violation. Reverses grant of Foreman’s motion for a change of judge. The provisions of I.C. 16-22-8-31(e) and 34-35-3-3 required Foreman to file an affidavit concerning why he wanted a change of judge, but he did not do so. As such, the court erred when it granted his request. Remands for further proceedings.

James E. Manley v. Keith Butts and Geo Group, Inc. (mem. dec.)
Miscellaneous. Affirms dismissal of petition of writ of habeas corpus.

Robert Vega v. Autumn Ridge Condominium Association Board of Directors (mem. dec.)
Small claim. Affirms judgment in favor of the board on Vega’s lawsuit seeking reimbursement of a fireplace gas valve and alleged misconduct by the board.

James Phillips v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of petition for post-conviction relief.

In Re the Paternity of C.A.; G.C. (Mother) v. T.A. (Father) (mem. dec.)
Juvenile. Affirms in part and reverses in part order establishing T.A.’s paternity over C.A. and determining custody of the child. The part of the court’s order providing for an automatic prospective change in custody was improper. Remands for further proceedings.

Anthony Middleton v. State of Indiana (mem. dec.)
Criminal. Affirms conviction and sentence for murder.

Marion R. Williams, Jason A. Williams, and Kellie A. Williams v. Roosevelt Allen Jr., Gerry J. Scheub, and Michael C. Repay as Lake County Commissioners, et al. (mem. dec.)
Civil plenary. Dismisses appeal of denial of the Williamses’ motion to change venue.

In re the Involuntary Termination of the Parent-Child Relationship of: A.C. (Minor Child), and S.S. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms termination of parental rights.