Opinions Sept. 21, 2018

Keywords Opinions

Indiana Court of Appeals
GO Properties, LLC, and Maxim Alliance Group, LLC v. BER Enterprises, LLC; Mortgage Electronic Registration Systems, Inc., as Nominee for Franklin American Mortgage Company; New Field, LLC; et al.

18A-PL-176
Civil plenary. Reverses the Marion Superior Court’s order granting summary judgment in favor of BER Enterprises, LLC and New Field, LLC on GO Properties’ quiet title action. Finds the trial court erred and that Stacy Phillips did not have actual or apparent authority to sell the properties on behalf of GO Properties. Remands with instructions to enter summary judgment in favor of GO Properties.

Tamara Jean (Swindle) Copple v. Huel Dwayne Swindle
41A01-1710-DR-2471
Domestic relation. Reverses the Johnson Superior Court’s modification of the settlement agreement between Tamara Copple and her ex-husband, Huel Swindle. Finds the trial court erred because the record suggests the mortgage payment was more akin to property distribution and could not be modified without agreement of the parties or proof of fraud in the making of the agreement. Remands for the trial court to reconsider Copple’s motion for rule to show cause as to the settlement agreement, and to determine whether an award for appellate attorney fees is proper.

Isaiah Morrell v. State of Indiana (mem. dec.)
18A-CR-1224
Criminal. Affirms Isaiah Morrell’s aggregate 10-year sentence for conviction of two counts of Class B felony sexual misconduct with a minor. Finds Morrell’s sentence is not inappropriate.

Chad Kraemer v. State of Indiana (mem. dec.)
18A-CR-731
Criminal. Affirms Chad Kraemer’s aggregate nine-year sentence for conviction of Level 5 felony neglect of a dependent, two counts of Level 6 felony neglect of a dependent, and Class B misdemeanor failure to make a report.

Mauricio Palomino v. State of Indiana (mem. dec.)
18A-CR-324
Criminal. Affirms Mauricio Palomino’s 40-year sentence for conviction of Level 1 felony child molesting. Finds Palomino’s sentence is not inappropriate.

Mark S. Lea, Jr. v. State of Indiana (mem. dec.)
18A-CR-1128
Criminal. Affirms the Allen Superior Court’s revocation of Mark Lea Jr.’s probation. Finds there is sufficient evidence to support the conviction. Finds the trial court did not err by revoking probation based on Lea’s most current positive drug screen.

William E. Morrison and Sonya Morrison v. Putnam County Commissioners, and Donald Richards (mem. dec.)
18A-PL-462
Civil plenary. Affirms the Putnam Superior Court’s grant of an injunction ordering the Morrisons to dispose of junk in their yard. Finds there is sufficient evidence to support the order. Finds the trial court made no errors of law.

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