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Opinions Feb. 7, 2017

February 7, 2017

Indiana Supreme Court
In Re: The Matter of D.J. and G.J., Children in Need of Services; Gr.J. (Mother) and J.J. (Father) v. Ind. Dept. of Child Services

02S03-1610-JC-548
Juvenile. Reverses the Allen Superior Court’s finding that Gr.J. and J.J.’s two minor children, D.J. and G.J., were children in need of services. Finds the record does not support the trial court’s finding that Gr.J. and J.J. needed the court’s coercive intervention to provide for their boys’ needs at the time of the dispositional hearing. Exercises the Indiana Supreme Court’s discretion to decide the parents’ case on its merits, despite their forfeited appeal.

Indiana Court of Appeals
Celadon Trucking Services, Inc. v. Charles Wilmoth and Kent Vassey, on behalf of themselves and all others similarly situated
49A04-1512-PL-2104
Civil plenary. Affirms the Marion Superior Court’s judgment in favor of Charles Wilmoth, Kent Vassey and a class of similarly situated individuals in the amount of $3,302,923.60 plus pre- and post-judgment interest and the denial of Celadon Trucking Services Inc.’s motion for judgment on the pleadings. Finds the standard contract between Celadon and the class members was ambiguous and that there are no genuine issues of material fact precluding the Indiana Court of Appeals from resolving that ambiguity as a matter of law.

ABC Radiology, P.C., Jane Doe, John Doe, Anonymous Medical Associates, Inc., Sherry Patrick v. Cathy Gearhart
49A05-1602-CT-446
Civil tort. Affirms the denial of the defendants’ motion to sever Counts I and II from Count III and transfer Counts I and II to Vanderburgh County, where the alleged medical negligence occurred. Finds the defendants have not established that the Marion Superior Court abused its discretion by finding all three counts were properly joined and, thus, as the Indiana Patients Compensation Fund/Indiana Department of Insurance is a necessary party to Count III, Marion County is a county of preferred venue for the entire action.

Michael Kent Smith v. Thomas L. Taulman, II; Thomas McClelland; Christina R. Hurley; Gary R. Meunier; Denny D. Smith; T.K.O. Enterprises, Inc.,; T.K.O. Commercial Development, LLC; et al. (mem. dec.)
32A01-1605-PL-1013
Civil plenary. Affirms summary judgment against Michael Kent Smith. Finds Hendricks Superior Court Judge Stephanie LeMay-Luken was not required to recuse herself. Also finds Kent’s two cases were properly consolidated. Finally, finds that summary judgment was properly granted.

Patrick Scott Norman v. State of Indiana (mem. dec.)
79A02-1605-CR-1064
Criminal. Affirms the Tippecanoe Superior Court’s denial of Patrick Scott Norman’s motion for a continuance. Finds Norman has not established error and his argument in regard to his motion for a continuance is not available for appellate review.

Christine Wedding v. Donald S. Wedding (mem. dec.)
82A01-1605-DR-1202
Domestic relation. Affirms the denial of Christine Wedding’s motion to correct error, which challenged the child custody order in her divorce from Donald Wedding. Denies Donald Wedding’s request to order Christine Wedding to pay his appellate attorney fees. Finds Christine Wedding has waived her argument as to the propriety of the Vanderburgh Superior Court’s custody order.

Michael A. Wilson v. State of Indiana (mem. dec.)
49A02-1604-CR-908
Criminal. Affirms Michael A. Wilson’s conviction of invasion of privacy as a Class A misdemeanor. Finds there was no material variance in the charging information and the proof at trial.
 

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