Opinions Feb. 27, 2018

February 27, 2018

Indiana Court of Appeals
Craig D. Severance and Catherine Severance v. The Pleasant View Homeowners Association, Inc.

Civil plenary. Reverses the denial of Craig and Catherine Severance’s request for damages and the denial of the Pleasant View Homeowners Association, Inc.’s request for a permanent injunction against the Severances. Finds the Hamilton Superior Court’s judgment contained erroneous findings and conclusions that limited the issues available for its consideration. Remands for further proceedings.

EBF Partners, LLC v. Evolving Solutions Inc. d/b/a, et al.
Civil collection. Reverses the trial court’s decision to set aside judgment in favor of EBF Partners, LLC in its petition to domesticate a money judgment it obtained against Evolving Solutions, Inc. and Frank Terranova. Finds there was no allegation of a meritorious defense in support of Indiana Trial Rule 60(B) relief. Judge Rudolph Pyle concurs with separate opinion.

Alexander Holmes v. National Collegiate Student Loan Trust
Civil collection. Reverses the entry of summary judgment in favor of National Collegiate Student Loan Trust. Finds Alexander Holmes met his burden of proving the grant of summary judgment was erroneous, and NCSLT failed to make a prima facie case in support of summary judgment. Remands for further proceedings.

Teresa Barton v. Columbus Robotics, Inc., Columbus Festival of Lights, Inc., Paragon Meeting & Events, LLC, The City of Columbus, Indiana, and Reising Radio Partners, Inc. (mem. dec.)
Civil tort. Affirms the grant of the City of Columbus’ motion to dismiss Teresa Barton’s personal injury action. Finds the Bartholomew Superior Court did not err.
Lewis Klayton Kratzer v. State of Indiana (mem. dec.)
Criminal. Affirms and reverses in part Lewis Klayton Kratzer’s convictions of attempted robbery as a Level 3 felony and unlawful possession of a firearm by a serious violent felon as a Level 4 felony. Finds there is a reasonable possibility that the jury relied on evidence that Kratzer had a gun during the attempted robbery to convict him of possession of a firearm by an SVF, creating a double jeopardy violation. Remands with instructions for the Parke Circuit Court to reduce Kratzer’s attempted robbery conviction to a Level 5 felony and sentence him accordingly.
Melvin Morris v. Robert Dawson (mem. dec.)
Civil plenary. Affirms the denial of Melvin Morris’ motion to reinstate his previously dismissed case against Robert Dawson. Finds the hearing requirement in Indiana Trial Rule 41(E) was satisfied before the dismissal of Morris’ complaint. Also finds because Morris’ case was dismissed with prejudice, the Lake Superior Court properly applied Indiana Trial Rule 60(b) in the disposition of his motion to reinstate the case.
Melissa M. Serrano v. State of Indiana (mem. dec.)
Criminal. Reverses Melissa Serrano’s conviction of resisting law enforcement as a Class A misdemeanor. Finds there was insufficient evidence to support Serrano’s conviction.

In the Termination of the Parent-Child Relationship of: A.S. (Minor Child) and K.S. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the involuntary termination of K.S.’s parental rights to A.S. Finds the termination order was supported by clear and convincing evidence.