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Opinions Feb. 19, 2019

February 19, 2019
KEYWORDS Opinions

Indiana Court of Appeals 
Darlene Perkins v. Kathy Fillio

18A-PL-2278
Civil plenary. Reverses and remands the Washington Circuit Court’s entry of summary judgment in favor of Kathy Fillio and against Darlene Perkins. Finds the trial court erred in granting summary judgment in favor of Fillio on Perkins’s premises liability claim due to the existence of genuine issues of material fact. Also finds Perkins did not designate evidence sufficient to generate a genuine issue of material fact as to negligent entrustment or negligent supervision, nor did she preserve her claim of vicarious liability for appellate review.

In the Termination of the Parent-Child Relationship of: R.L.-P. (Minor Child) and M.E. (Father) v. The Indiana Department of Child Services
18A-JT-2083
Juvenile termination of parental rights. Affirms the termination of father M.E.’s parental rights to his minor child, R.L.-P. Finds the Marion Superior Court did not err when it denied M.E.’s motion to dismiss the termination order. Also finds the termination order was not clearly erroneous.

Citizens Action Coalition of Indiana, Inc. v. Southern Indiana Gas & Electric Company d/b/a Vectren Energy Delivery of Indiana, Inc.
18A-EX-140
Agency action. Affirms Indiana Utility Regulatory Commission’s approval of Vectren Energy Delivery of Indiana, Inc.’s Electric Demand Side Management Plan for 2018-2020. Finds the commission’s order is not contrary to law, does not impermissibly deviate from precedent and is supported by substantial evidence. Also finds the commission’s approval of Vectren South’s energy efficient goals are not improper. 

Thomas J. Moss v. Horizon Bank, N.A., and Chicago Title Insurance Company (mem. dec.)
18A-PL-1526
 Civil plenary. Affirms the LaPorte Superior Court’s grant of Chicago Title Insurance Company’s motion to dismiss Thomas Moss’ 2017 lawsuit. Finds the trial court did not improperly fail to convert Chicago Title’s motion to dismiss to a summary judgment motion. Also finds the trial court did not err in concluding that dismissal of Moss’ 2013 lawsuit was res judicata as to his 2017 lawsuit. 

Ricardo Bueso v. State of Indiana (mem. dec.)
18A-CR-1879
Criminal. Affirms Richard Bueso’s conviction for Class A misdemeanor operating a motor vehicle while intoxicated endangering a person. Finds there is sufficient evidence beyond a reasonable doubt to support the conviction. 

Junior Mapanda v. State of Indiana (mem. dec.)
18A-CR-1701
Criminal. Reverses Junior Mapanda’s conviction for Class A misdemeanor operating a vehicle while intoxicated endangering a person. Finds the state did not present sufficient evidence of endangerment. Also finds the merger of Mapanda’s conviction of Class C misdemeanor operating a vehicle with an alcohol concentration equivalent of .08 or more into the Class A misdemeanor conviction was not a sufficient remedy to double jeopardy concerns. Remands with instructions to enter judgment of conviction on the lesser included offense of Class C misdemeanor OWI, to resentence Mapanda and to vacate his Class C misdemeanor conviction. 

James Fernbach v. State of Indiana (mem. dec.)
18A-PC-1065
Post-conviction. Affirms the Ripley Circuit Court’s denial of James Fernbach’s petition for post-conviction relief. Finds Fernbach was not denied the effective assistance of trial counsel. 

Suzanne Hopper v. Joshua Keith Hopper (mem. dec.)
18A-DR-1923
Domestic relation. Affirms the Marion Superior Court’s denial of Suzanne Hopper’s motion to correct error in the dissolution of her marriage to Joshua Hopper. Finds Suzanne’s arguments are waived due to her failure to provide portions of the record crucial to appellate review.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: L.F. (Minor Child), and A.M.-J. (Mother) v. The Indiana Department of Child Services, et al. (mem. dec.)
18A-JT-1900
Juvenile termination of parental rights. Affirms the termination of A.M.-J.’s parental rights to L.F. Finds A.M.-J. failed to demonstrate that her due process rights were violated. Also finds the termination is not clearly erroneous. 

Dylan Lee Cheesman v. State of Indiana (mem. dec.)
18A-CR-1925
Criminal. Affirms Dylan Cheesman’s re-imposed two-year sentence following the revocation of his probation. Finds the Vigo Superior Court did not abuse its discretion by imposing Cheesman’s suspended sentence.

In Re the Termination of the Parent-Child Relationship of: K.R. (Minor Child), and K.J. (Mother) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-1766
Juvenile termination of parental rights. Affirms the termination of K.J.’s parental rights to her child K.R. Finds there is sufficient evidence to support the termination. 

Ellis Thomas v. State of Indiana (mem. dec.)
18A-CR-1172
Criminal. Dismisses Ellis Thomas’ appeal of the denial of his motion for new trial or petition for writ of error coram nobis. Finds the appeal was an unauthorized successive petition for post-conviction relief. 

In the Termination of the Parent-Child Relationship of: H.A., A.A., Ri.A., and Ro.A. (Minor Children), and R.A. (Father) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-2107
Juvenile termination of parental rights. Affirms the termination of R.A.’s parental rights to H.A., A.A., Ri.A. and Ro.A. Finds the termination is not clearly erroneous. 

Jeremy H. Dean v. State of Indiana (mem. dec.)
18A-CR-1692
Criminal. Affirms Jeremy Dean’s aggregate 15-year sentence for his conviction of two counts of Level 5 felony dealing in cocaine or a narcotic drug, Level 6 felony dealing in a synthetic drug or look-a-like substance, Level 6 felony maintaining a common nuisance and Class A misdemeanor dealing in a synthetic drug or look-alike substance. Finds Dean has failed to prove his sentence is inappropriate.  


 

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