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Opinions Nov. 8, 2017

November 8, 2017

Indiana Court of Appeals
Guardianship: Ray Lamey M.D., et al. v. Ziemer, Stayman, Weitzel & Shoulders, LLP, et al.

26A01-1703-GU-588
Guardianship. Affirms the trial court’s findings of fact and conclusions of law granting the payment of attorney fees to ZSWS and Kolb, incurred during their representation of the protected person.

Bryant Edward Duty Sr. v. The CIT Group/Consumer Finance, Inc., Northwood Investments, LLC
71A04-1704-MF-920
Mortgage Foreclosure. Affirms denial of Duty’s motion for relief from judgment, finding he has no standing to challenge the assignment of the loan documents from assignor to assignee.

Autumn Lewis and Stephen Lewis v. Board of Trustees of the Flavius J. Witham Memorial Hospital d/b/a Willowbend Living Center (mem. dec.)
18A04-1704-CT-702
Civil Tort. Affirms Witham timely filed its motion for summary judgment and the trial court properly granted summary judgment to Witham because Lewis failed to give a tort claim notice pursuant to the Indiana Tort Claim Act.

In Re the Adoptions of D.A.M.S. and N.D.S., N.S. and J.H. v. J.S. and L.S. (mem. dec.)
20A04-1705-AD-1108
Adoption. Affirms the trial court’s order on petitions for adoption and parental consent. The trial court did not err in granting the adoption of their two minor children by adoptive father J.S. and adoptive mother L.S.

Douglas Alan Wolff v. State of Indiana (mem. dec.)
27A05-1704-CR-853
Criminal. Affirms the trial court’s order regarding the disposition of certain animals that were seized from Douglas Wolff’s property and impounded in conjunction with charges of animal cruelty. The trial court properly authorized Indiana Horse Rescue to determine the disposition of the impounded animals based on Wolff’s failure to pay a bond for their care and keeping.

Brandon J. Kent v. State of Indiana (mem. dec.)
84A01-1706-CR-1367
Criminal. Affirms trial court’s aggregate sentence of 16 years, with 14 years executed and two years suspended to probation for his convictions of Level 3 felony attempted aggravated battery, four counts of Level 6 felony criminal recklessness, and Level 6 felony resisting law enforcement. The trial court did not abuse its discretion and his sentence is not inappropriate considering the nature of the offense or character of the offender.

Ace Michaels v. State of Indiana (mem. dec.)
73A01-1705-CR-1061
Criminal. Affirmed both of Ace Michaels’ guilty pleas to Level 6 felony criminal confinement and Level 6 felony failure to register as a sex offender, and the Shelby Superior Court’s sentence of 730 days executed for the criminal confinement conviction and 365 days suspended for failure to register as a sex offender. The trial court did not abuse its discretion and his sentence is not inappropriate considering the nature of the offense and Michaels’ character.

Jerod Lee Grenard v. State of Indiana (mem. dec.)
79A02-1705-CR-1037
Criminal. Affirms the trial court’s aggregate 13-year sentence after Grenard pled guilty to unlawful possession of a firearm by a serious violent felon, a Level 4 felony; criminal recklessness, a Level 6 felony; battery, a Class A misdemeanor; and possession of a Schedule IV controlled substance, a Level 6 felony. The sentence is appropriate in light of the nature of the offense and Grenard’s character.

 

 

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