Opinions Feb. 22, 2019

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The following Indiana Supreme Court was posted after IL deadline Thursday:
James T. Horejs, James Harris, and Robert Horejs, as Co-Administrators of the Estate of Laura A. Shaner, Deceased v. Albert Milford, D.O., et al.

19S-CT-97
Civil tort. Reverses the trial court’s grant of partial summary judgment to Dr. Albert Milford, St. Margaret Mercy Healthcare Centers and TRC-Indiana LLC. Finds David Shaner’s claim for survivor damages did not abate upon his death and was not dependent on the existence of an heir. Remands for the trial court to determine whether there is a proper party to continue the action.

Friday opinions
Indiana Court of Appeals 
Meghan E. Price v. State of Indiana

18A-CR-1513
Criminal. Affirms Meghan Price’s conviction for Level 1 felony neglect of a dependent resulting in death. Finds the Morgan Circuit Court did not abuse its discretion by admitting evidence procured from a warrantless search of Price’s home. Also finds the trial court did not abuse its discretion by admitting evidence obtained from Price’s cellphone. 

Zachary Joseph Jansen v. State of Indiana (mem. dec.)
18A-CR-2466
Criminal. Affirms Zachary Jansen’s conviction for Level 6 felony sexual battery. Finds there is sufficient evidence to support the conviction. 

James F. Glass v. CPG Partners, LP, JDR Fixtures, Inc., Under Armour Premium Outlet, KP Sullivan Builders, Inc. (mem. dec.)
18A-PL-2274
Civil plenary. Affirms the Bartholomew Superior Court’s dismissal of James Glass’ action against CPG Partners, LP, JDR Fixtures, Inc., Under Armour Retail, Inc., and KP Sullivan Builders, Inc. Finds the trial court did not abuse its discretion in denying Glass’ motion for default judgment, in releasing a mechanic’s lien or in denying Glass’ motion for a change of judge. Also finds the trial court did not err in granting the defendant’s motion to dismiss, or in dismissing Glass’ claim. 

In the Matter of the Termination of the Parent-Child Relationship of: M.F., Minor Child, J.F., Father v. The Indiana Department of Child Services (mem. dec.)
18A-JT-1845
Juvenile termination of parental rights. Affirms the involuntary termination of J.F.’s parental rights to M.F. Finds the termination is supported by clear and convincing evidence. Also finds the Madison Circuit Court did not err. Judge L. Mark Bailey concurs in result without separate opinion. 

 

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