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Opinions Sept. 12, 2017

September 12, 2017

Indiana Court of Appeals
In re: the Matter of the Involuntary Termination of the Parent-Child Relationship of C.L., a Minor Child and his Father, C.H., C.H. v. Marion County Department of Child Services (mem. dec.)
49A02-1703-JT-566
Juvenile. Affirms the termination of father C.H.’s parental rights to his son, C.L., finding the evidence sufficient to support the termination.

Quinyatte Jarmaine Harrell v. State of Indiana (mem. dec.)
27A02-1702-CR-248
Criminal. Affirms conviction of Level 6 felony domestic battery, finding the trial court did not abuse its discretion by admitting text messages between Quinyatte Harrell and his wife.

In the Termination of the Parent-Child Relationship of: A.P. and T.P. (Minor Children), and J.P. (Mother) v. Indiana Department of Child Services (mem. dec.)
26A01-1702-JT-424
Juvenile.  Affirms the termination of mother J.P.’s parental rights to her minor children, A.P. and T.P., finding the evidence sufficient to support the termination.

Mary Clem, as Personal Representative of the Estate of Robert E. Clem, Jr., deceased, and Mary Clem, individually v. Richard K. Freeman, M.D., and St. Vincent Medical Group, Inc. (mem. dec.)
29A02-1703-PL-714
Civil plenary. Reverses dismissal of Mary Clem’s medical malpractice claim for a delayed payment of a refiling fee after a change of venue. Finds there were circumstances amounting to excusable neglect due to a calendaring error within Clem’s counsel’s firm.  

In the Matter of the Involuntary Termination of the Parent-Child Relationship of A.W.K. (Minor Child) and A.P.K. (Father) v. The Indiana Department of Child Services (mem. dec.)
71A05-1703-JT-709
Juvenile. Affirms the termination of father A.P.K.’s parental rights to his minor child, A.W.K., holding the termination is supported by the findings and father failed to establish the conclusion is clearly erroneous.

Wyoming Pharmacies, LLC d/b/a Kentuckiana Pharmacy, Dr. Assad Nasr, and Dr. Erin Morsey v. Crosses Enterprises, LLC and Dr. Rafael Cruz (mem. dec.)
10A01-1703-MI-514
Miscellaneous. Reverses a trial court preliminary injunction blocking Kentuckiana Pharmacy from relocating pending resolution of the underlying complaint by Dr. Rafael Cruz alleging 12 counts of wrongdoing by Drs. Assad Nasr and Erin Morsey. The trial court failed to include specific findings under Trial Rule 52 and only provides as a conclusion that a dispute exists over the ownership of the pharmacy. Dissolves the preliminary injunction and remands for proceedings.

 

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