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Opinions Sept. 26, 2017

September 26, 2017

Indiana Court of Appeals
2444 Acquisitions, LLC v. Michael Fish
49A02-1606-MF-1315
Mortgage foreclosure. Affirms the order granting Michael Fish’s motion for turnover of the tax sale surplus funds. Finds the current action is not estopped and that equity requires the disbursement of the funds to Fish.

Thomas P. Donovan v. Hoosier Park, LLC d/b/a Hoosier Park, Racing & Casino, Centaur, Inc., Hoosier Park, L.P., Centaur Holdings, LLC, and Terrance Sollars, et al.
48A02-1608-PL-1704
Civil plenary. Affirms summary judgment in favor of Hoosier Park and other defendants on Thomas Donovan’s lawsuit alleging false imprisonment, wrongful arrest, malicious prosecution, abuse of process and battery. The designated evidence demonstrates there was no genuine issue of material fact as to any of Donovan’s allegations against the Hoosier Park appellees or the Indiana Gaming Commission appellees.

Harold David Walters v. Lima Elevator Company, Inc.
44A03-1609-CC-2214
Civil collections. Affirms the grant of Lima Elevator Co.’s motion to correct error. Finds the trial court had specific personal jurisdiction over Harold Walters. Remands for further proceedings.

Michael Fish v. 2444 Acquisitions, LLC; El Sol Also Rises, Inc.; El Sol De Tala, Inc.; Viva Managment Services, Inc.; Quality Leasing Company; Ruben Pazmino; Javier Amezcua; et al. (mem. dec.)
49A02-1702-MF-213
Mortgage foreclosure. Affirms summary judgment in favor of James Chalfant on Michael Fish’s lawsuit again numerous parties, finding Chalfant did not breach his guaranty because his guaranty extended only to a 2007 note and not to a 2008 note.

J.D.Z. v. J.M.Z. (mem. dec.)
51A01-1702-DR-226
Domestic relation. Affirms denial of father’s motion to modify custody of the parties’ minor child, finding father failed to overcome the presumption that the trial court was impartial.

Derrick David Wolford v. State of Indiana (mem. dec.)
46A04-1703-CR-629
Criminal. Affirms Derrick Wolford’s conviction of Class A misdemeanor theft, finding the state presented sufficient evidence to sustain the conviction.

In re Termination of the Parent-Child Relationship of: J.T., Dt.W., and Dc.W. (Minor Children), and T.D. (Mother) v. Indiana Department of Child Services and Child Advocates, Inc. (mem. dec.)
49A02-1704-JT-671
Juvenile. Affirms termination of mother’s parental rights, finding sufficient evidence to support the decision.

Rebecca Stormer v. David Zander (mem. dec.)
45A05-1701-DR-114
Domestic relation. Affirms division of marital estate, awarding David Zander 80 percent. Finds the trial court did not abuse its discretion in ordering the unequal division and in not ordering Zander to return the $8,000 he had received from the sale of the log house owned by wife Rebecca Stormer in her bankruptcy proceeding.

Christopher L. Kimble v. State of Indiana (mem. dec.)
85A02-1702-CR-417
Criminal. Affirms conviction of Class B felony attempted child molesting, finding an error in the admission of the polygraph examination report was harmless, and there was sufficient evidence to support the conviction.

 

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