Opinions Oct. 6, 2017

Keywords Opinions

Indiana Court of Appeals
Thomas N. Eckerle v. Katz & Korin, PC and Michael W. Hile
Civil tort. Grants Thomas N. Eckerle’s petition for rehearing for the sole purpose of correcting two immaterial factual errors that indicated Branham Corp. filed bankruptcy in 2004 and that Eckerle was a defendant in a case brought by Branham. Reaffirms the Indiana Court of Appeals’ earlier opinion in all other respects.

Indy Auto Man, LLC v. Keown & Kratz, LLC, and Dustin Stohler
Civil plenary. Dismisses Indy Auto Man LLC’s appeal of the grant of summary judgment to Keown & Kratz LLC on IAM’s legal malpractice claim. Finds sua sponte that the Hamilton Superior Court’s grant of summary judgment was not a final appealable order.

Marcos Fernandes a/k/a Marcos Fernandez Individually and d/b/a M&A Auto Wholesale v. Automotive Finance Corporation d/b/a AFC Automotive Finance Corporation d/b/a AFC (mem. dec.)
Civil collection. Affirms the Marion Superior Court’s denial of M&A Auto Wholesale’s motion to file a belated appeal. Finds the record does not reveal the existence of any “extraordinarily compelling reasons” to consider this untimely appeal on the merits.

Michael Renteria v. State of Indiana (mem. dec.)
Criminal. Affirms Michael Renteria’s conviction for Level 6 felony operating a vehicle as a habitual traffic offender. Finds the Hamilton Superior Court did not comment on an issue during closing argument that was put to the jury, and Renteria has not demonstrated prejudice by any trial court comment, so any such error, if present, was harmless.

In re the Termination of the Parent-Child Relationship of R.W. (Minor Child), and A.O. (Minor Child) and H.W. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Remands the Bartholomew Superior Court’s order to terminate A.O. and H.W.’s parental rights to their child, R.W., for the entry of proper findings and conclusions that support the trial court’s decision. Finds the trial court’s order is insufficiently specific as to the basis of its decision to terminate the parental rights.

Oscar F. Lopez v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Oscar Lopez’s motion to modify his sentence to concurrent terms of 35 years, with 10 years suspended to probation, for his convictions of two counts of Class A felony dealing in cocaine. Finds the state did not give its consent to the motion to modify, so the Elkhart Circuit Court properly denied that motion.

Terry Paul Henton v. State of Indiana (mem. dec.)
Criminal. Affirms Terry Paul Henton’s conviction of Level 5 felony robbery. Finds the state presented sufficient evidence for the Tippecanoe Superior Court to find Henton used force when he snapped a cord to take a smartphone from Arneetric Rias-Thompson.

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