Opinions March 2, 2017

Keywords Opinions

Indiana Court of Appeals
Larenda Jones v. State of Indiana
Criminal. Reverses the Marion Superior Court’s order revoking Larenda Jones’ placement in community correction and sentencing her to serve the remainder of her executed sentence in the Department of Correction. Finds that the trial court did not err in failing to inform Jones of her release date, but did err by refusing to let Jones speak in allocution. Remands. Judge John Baker concurs with separate opinion.

Michael R. Pilkington v. Karen A. Pilkington
Civil plenary. Reverses the Delaware Circuit Court’s dismissal of Michael Pilkington’s complaint against his stepmother, Karen Pilkington, alleging that she breached her duties as a trustee of a trust created by her late husband, Michael’s father. Finds that the trial court has authority to adjudicate Michael Pilkington’s complaint. Remands for further proceedings on whether Michael Pilkington’s beneficiary interest in the trust survived bankruptcy. Affirms without prejudice in all other respects the trial court’s decision to Michael Pilkington refiling his complaint once the dispositive question regarding his remainder interest has been decided.

Central Indiana Podiatry, P.C., Northwest Surgery Center, LLC, d/b/a Foot & Ankle Surgery Center, f/k/a Foot & Ankle Surgery Center, LLC and Anthony E. Miller, D.P.M. v. Barnes & Thornburg, LLP
Civil plenary. On rehearing, affirms the Marion Superior Court’s grant of summary judgment for Barnes & Thornburg LLP. Finds that there is no evidence creating a genuine issue of material fact from which a reasonable jury could conclude that Barnes & Thornburg concealed information from the Miller Parties and that Miller’s contradictory testimony in two different lawsuits cannot create an issue of material fact. Grants rehearing to acknowledge, adopt and apply the Indiana Supreme Court’s holding in Nichols v. Amax Coal Co., 490 N.E.2d 754, 755 (Ind. 1986). and vacates the Indiana Court of Appeals prior opinion in Central Indiana Podiatry, P.C., et al v. Barnes & Thornburg, LLP, 62 N.E.3d 440, 447 (Ind. Ct. App. 2016). Judge Terry Crone concurs with separate opinion.

Joetta S. Sells v. State of Indiana (mem. dec.)
Criminal. Affirms Joetta S. Sells’ conviction to 10 felonies arising from her yearslong neglect and abuse of her husband’s teenaged granddaughter and sentence to 24 years’ incarceration, fully executed. Finds that Sells waived her double jeopardy protection when she pleaded guilty. Also finds that her sentence is not inappropriate.

In the Termination of the Parent-Child Relationship of: Ic.G. and Ib.G. (Minor Children) and M.G. (Mother) and B.G. (Father) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the Montgomery Circuit Court’s order terminating M.G. and B.G.’s relationship with their two children. Finds that the trial court did not err and that sufficient evidence was presented.

Martin A. Davis, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Martin A. Davis Jr.’s conviction of Class B misdemeanor criminal mischief. Finds that the evidence was more than sufficient to support Davis’ conviction.

Kevin L. King v. Mary E. King (mem. dec.)
Domestic relation. Affirms the Hamilton Superior Court’s distribution of assets and debts in Kevin L. King’s divorce proceedings from his wife, Mary E. King. Finds that Kevin King has failed to establish an abuse of discretion regarding the trial court’s decision not to consider each of the statutory factors in Indiana Code 31-15-7-5 in determining that an unequal division of assets was just and reasonable and in its award to Mary King of $85,000 for unreturned personal property. Also finds that Kevin King has failed to establish that the trial court abused its broad discretion when assigning marital debt between the parties. Finally, finds that Kevin King has made no showing on appeal that the trial court erred in equally dividing the funds between parties.

Karen Fielder v. Hamilton Southeastern Schools (mem. dec.)
Miscellaneous. Affirms the trial court’s dismissal of Karen Fielder’s complaint seeking to force Hamilton Southeastern Schools to comply with her requests to list her name as an emergency contact for her children and allow her to eat lunch with her children on school days when the court has not granted her parenting time. Finds that an individual has no right of action under the Family Educational Rights and Privacy Act. Also finds that Fielder has not alleged that she has not been provided the same access to the children’s school records as their father, as is required under Indiana Code 20-33-7-2. Finally, finds that Fielder has offered no authority to suggest that the Indiana Parenting Time Guidelines are applicable and binding on non-parties to a custody suit, or that the guidelines provide a private right of action to sue a non-party for failing to comply.

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