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Opinions April 17, 2017

April 17, 2017

Indiana Court of Appeals
Rueth Development Company and Rueth Development Company d/b/a Superior Lumber Company v. H&H Rueth, Inc. (mem. dec.)
45A03-1608-CP-1821
Civil plenary. Affirms the grant of summary judgment to H&H Rueth Inc. in complaint that it owed money to Rueth Development Co. The Lake Superior Court correctly found that Rueth Development’s untimely response to H&H’s motion for summary judgment and corresponding documents could not be considered.

Eaphram Lincey v. State of Indiana (mem. dec.)
49A05-1609-CR-2185
Criminal. Affirms Eaphram Lincey’s convictions of driving while suspended and possession of marijuana. Because the police officer who stopped Lincey testified that Lincey did not stop at a stop light and a stop sign, both infractions, the Marion Superior Court did not err in finding that reasonable suspicion existed for the traffic stop.

Chad M. Sutton v. State of Indiana (mem. dec.)
02A03-1611-CR-2638
Criminal. Affirms Chad Sutton’s first conviction of Level 6 felony invasion of privacy, but reverses his second conviction for the same charge, and affirms his 2 ½ -year sentence. Sutton’s two convictions violate Indiana constitutional prohibitions against double jeopardy. Also finds his sentence is not inappropriately harsh.

Harsco Corporation v. Francisco Orta (mem. dec.)
93A02-1610-EX-2378
Agency. Affirms the Worker’s Compensation Board of Indiana’s determination that Francisco Orta, a former employee of Harsco Corp., is entitled to temporary total disability benefits resulting from an on-the-job injury. The board did not err in ordering TTD benefits for the period from April 30 to July 14, 2015. Orders the award increased by 5 percent as required by statute when an award is affirmed on appeal.

In re the Paternity of D.J. b/n/f: Desiree Jennings v. Leewayne Johnson (mem. dec.)
82A01-1606-JP-1406
Juvenile paternity. Affirms in part the trial court’s order granting Lee Wayne Johnson primary physical custody and sole legal custody of his daughter with Desiree Jennings. The evidence supports the court’s modification of physical and legal custody, but the reduction of Jennings’ parenting time is a drastic change unsupported by the record. Remands with instructions. Judge Cale Bradford concurs in part and dissents in part with separate opinion.
 

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