Opinions Jan. 19, 2017

January 19, 2017

Indiana Court of Appeals
Dermatology Associates, P.C. and Sonya Campbell Johnson, M.D. v. Elizabeth C. White v. Commissioner of Indiana Department of Insurance, and Douglas J. Hill, Esq., Medical Review Panel Chair
Civil plenary. Reverses the Marion Superior Court’s denial of Dr. Sonya Campbell Johnson at Dermatology Associates P.C.’s motion for summary judgment alleging Elizabeth White failed to timely file her claim with the Indiana Department of Insurance. Finds the statute of limitations bars White’s action and the providers are entitled to judgment as a matter of law. Judge Paul Mathias dissents with separate opinion.

George S. Fischer v. Jennifer M. Fischer
Domestic relation. Reverses the dissolution decree dissolving the marriage of George and Jennifer Fischer. Finds the value of the stock options at issue is not properly included in the marital estate. Remands for further proceedings.

Daniel Ray Holloway v. State of Indiana
Criminal. Affirms Daniel Ray Holloway’s convictions for Class B felony dealing in methamphetamine, Class D felony maintaining a common nuisance and Class D felony possession of chemical reagents or precursors. Finds the Orange Circuit Court did not abuse its discretion in admitting evidence of items used in meth manufacturing that investigators discovered during a warrantless search of Holloway’s car because the exigent circumstances exception to the prohibition against warrantless searches under the United States Constitution applies, and the search was reasonable under the Indiana Constitution.

Rebecca Michelle Mason v. State of Indiana (mem. dec.)
Criminal. Affirms the Shelby Superior Court’s order revoking Rebecca Mason’s probation and ordering her to serve the remaining 270 days of her previously suspended sentence of 510 days following her admission that she committed a new offense. Finds the trial court did not abuse its discretion by ordering Mason to serve her previously suspended sentence. Remands for correction of a scrivener’s error.

Amy Morinskey v. State of Indiana (mem. dec.)
Criminal. Dismisses Amy Morinskey’s appeal of her sentence from one cause in which she pleaded guilty to Level 5 possession of methamphetamine and Class A misdemeanor false informing; and her appeal of the Tippecanoe Circuit Court’s order, in a probation revocation cause, for her to serve one year in the Department of Correction after she agreed to admit to violations contained in the state’s motion to commit her to the Department of Correction.  Finds Morinskey has forfeited her right to appeal by failing to timely file her notice of appeal and there are no extraordinarily compelling reasons to restore that forfeited right, especially where she can seek permission to file a belated notice of appeal under the Post-Conviction Rules for her sentencing challenge.

In the Term. of the Parent-Child Relationship of: G.C., A.R., and B.R. (minor children); E.R. (mother) v. The Ind. Dept. of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of E.R.’s parental relationship with her children, G.C., A.R. and B.R. Finds the Vanderburgh Superior Court did not err in denying her motions to correct error and for a new trial. Also finds there is sufficient evidence to support the trial court’s decision to terminate the parent-child relationship.