Opinions April 7, 2016

April 7, 2016

The following 7th Circuit decision came in after IL deadline Wednesday.
Nora Chaib v. The GEO Group Inc.
Appeal from the Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Affirms there was no discrimination when Nora Chaib was fired for abusing paid medical leave.

Thursday’s opinions
Indiana Court of Appeals
Community Health Network v. Pamela D. Bails
Civil plenary. Reverses and remands motion to correct error, which vacated an agreed judgment between Pamela Bails and Community Health Network from Decatur Township Small Claims Court. An agreed judgment is not appealable, absent fraud.

Victor J. DiMaggio III v. Elias Rosario; Elias Rosario v. Victor J. DiMiaggio III
Civil plenary. Affirms summary judgment for Elias Rosario after Victor DiMaggio filed a complaint alleging breach of an oral contract, breach of fiduciary duty and usurpation of corporate opportunity. DiMaggio filed his lawsuit beyond the expiration of the statute of limitation.

In the Termination of the Parent-Child Relationship of: P.S. (Minor Child) and C.S. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms termination of mother’s parental rights.

Ryan Patrick Rucker v. State of Indiana (mem. dec.)
Criminal. Affirms denial of Ryan Rucker’s belated notice of appeal after he pleaded guilty to child molesting.

Sadia Khan v. Syed Hussain (mem. dec.)
Domestic relations. Affirms denial of mother’s motion to transfer father’s motion for custody and parenting time evaluation to Michigan, where the mother lives.

Krystal Wilburn v. State of Indiana, and the Consolidated City of Indianapolis/Marion County, and the Metropolitan Law Enforcement Agency (mem. dec.)
Miscellaneous. Affirms denial of request for jury trial made by Kyle Tyson in the state’s complaint for forfeiture against him.  

Bronco Morgan v. State of Indiana (mem. dec.)
Post conviction. Affirms Bronco Morgan’s conviction of attempted murder and denial of motion to set aside post-conviction order.

Charles L. Larson v. State of Indiana (mem. dec.)
Criminal. Affirms Charles Larson’s convictions for two counts of child molesting as Level 1 felonies.

Roger F. Florkiewicz v. Deborah E. Florkiewicz, n/k/a Deborah E. Marshall (mem. dec.)
Domestic relations. Affirms father must pay one-third of son’s college expenses even though son refuses to have a relationship with him.
Heather Renee Czahor v. Eric Anthony Czahor (mem. dec.)
Domestic relations. Affirms that mother cannot remove restriction that boyfriend cannot be in presence of her children after boyfriend strangled her and cannot modify the child-custody order to remove the restriction.