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Opinions June 21, 2016

June 21, 2016

Indiana Court of Appeals
In the Termination of the Parent-Child Relationship of N.C. (Minor Child) and A.C. (Father) v. The Indiana Department of Child Services
49A02-1510-JT-1711
Juvenile. Affirms termination of father’s parental rights after COA found the Americans with Disabilities Act cannot be used as a defense and the father waived his right to appeal on these grounds by not bringing up the issue at the trial court level.

In re the Termination of the Parent-Child Relationship of N.C., a minor child, and his Father, C.C. v. The Indiana Department of Child Services (mem. dec.)
49A02-1510-JT-1564
Juvenile. Affirms termination of father’s parental rights.

Ed Mitchell v. Keith Smith and Mt. Zion Cemetery (mem. dec.)
72A05-1510-MI-1810
Miscellaneous. Affirms denial of Ed Mitchell’s petition to change the place of his deceased wife’s interment.

Alan L. Stephens, M.D., and Summit Plastic Surgery Center v. Jamie Fazio (mem. dec.)
02A03-1505-PL-357
Civil plenary. Reverses and remands judgment for Jamie Fazio for $8,847 on surgical procedures provided by Stephens. Finds the trial court erred in overruling the jury’s verdict and remands for court to enter judgment for Stephens.

John Middleton v. State of Indiana (mem. dec.)
28A05-1602-CR-282
Criminal. Affirms John Middleton’s sentence after he pleaded guilty to two counts of Level 6 felony theft.

Richard Vance Hastings v. State of Indiana (mem. dec.)
29A02-1507-CR-982
Criminal. Reverses and remands Richard Hastings’ conviction of Level 6 felony operating a motor vehicle while intoxicated with a blood alcohol equivalent of 0.08 or more with a prior conviction within five years as the trial court abused its discretion by not allowing Hastings’ expert witness to testify.  

Jesse N. Cole v. State of Indiana (mem. dec.)
32A04-1512-CR-2045
Criminal. Affirms Jesse Cole’s conviction of operating a vehicle while intoxicated, a Class A misdemeanor.

Nidia Martinez, et al., on Behalf of Herself and Others Similarly Situated v. Stratus Franchising, LLC, et al. (mem. dec.)
49A02-1509-PL-1317
Civil plenary. Affirms that Stratus Franchising did not aid and abet franchise fraud or commit civil deception.
 

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