Opinions Jan. 8, 2019

Keywords Opinions

Indiana Court of Appeals 
In the Matter of J.S. and M.S. (Minor Children), Children in Need of Services, and P.W. (Mother) and J.W. (Stepfather) v. Indiana Department of Child Services (mem. dec.)

Juvenile CHINS. Affirms the adjudication of P.W. and J.W.’s two sons, J.S. and M.S., as children in need of services. Finds there is sufficient evidence to support the CHINS determination. Also finds of P.W. and J.W were not denied due process concerning J.S.’s placement.

Shannon Richard v. Vernon Robinson (mem. dec.)
Small claims. Reverses the Miami Superior Court’s judgment in favor of landlord Vernon Robinson against his tenant, Shannon Richard. Finds the evidence does not support an award of damages for $960 in damage and repair costs, HVAC repairs, interior painting and drywall repair, and flooring replacement in a rented home. Remands with instructions to reconsider the damage award. 

Edwin Blinn, Jr. and Lisa Blinn, d/b/a Blinn Enterprises and Washington Bradford Building, LLC v. Everett Cash Mutual Insurance Company, et al. (mem. dec.)
Civil plenary. Affirms the Grant Circuit Court’s grant of summary judgment to Everett Cash Mutual Insurance Co. and Everett Cash Mutual Insurance Group on Edward Blinn, Jr. and Lisa Blinn, d/a/a Blinn Enterprises’ complaint for recovery of debris removal expenses under an insurance contract and for bad faith by ECM. Finds no genuine issue of material fact exists to be decided by the fact-finder as to ECM’s handling of the Blinns’ claims. Also finds the trial court did not abuse its discretion in denying a motion to correct error. 

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