Opinions Feb. 26, 2019

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Indiana Court of Appeals
In re the Termination of the Parent-Child Relationship of A.M. (Minor Child) and B.S. (Mother) B.S. (Mother) v. Indiana Department of Child Services (mem. dec.)

18A-JT-1877
Juvenile termination of parental rights. Affirms the termination of mother B.S.’s parental rights to her daughter A.M., finding that the Jasper Circuit Court did not err when it concluded that termination is in the child’s best interests.

Zachary Williams v. State of Indiana (mem. dec.)
18A-CR-1999
Criminal. Affirms Zachary Williams’ conviction of Level 3 felony confinement, Level 5 felony intimidation, Level 6 felony strangulation, and Class A misdemeanor counts of carrying a handgun without a license and battery resulting in bodily injury. Finds the state’s questioning of the victim, who qualified as a hostile witness, was not fundamental error, even though the Tippecanoe Superior Court did err in allowing the State to question the victim about the specifics of her pretrial statements after she effectively impeached herself by admitting her pretrial statements differed from her trial testimony.

Ravi Jani v. State of Indiana (mem. dec.)
18A-CR-2125
Criminal. Affirms Ravi Jani’s conviction in Marion Superior Court of Level 5 felony operating a vehicle after forfeiture of license for life, finding that the doctrine of amelioration does not apply in this case.

Michael N. Payne, M.D. v. Carmel Physician Surgery Center, LLC, Carmel Ambulatory Surgery Center, LLC, and Weldon T. Egan, M.D. (mem. dec.)
18A-CT-1391
Civil tort. Affirms the Hamilton Superior Court’s the grant of summary judgment to Carmel Physician Surgery Center LLC on Michael Payne’s claim of breach of contract. Affirms the trial court’s grant of summary judgment to Weldon T. Egan and Carmel Ambulatory Surgery Center LLC on Payne’s claim of tortious interference with a contractual relationship. Affirms the trial court’s denial of Payne’s motion for summary judgment on Carmel Physician Surgery Center LLC’s counterclaim of constructive fraud. Reverses the grant of summary judgment to Egan and the Surgery Center on Payne’s claim for breach of contract. Remands for further proceedings.

In re the Termination of the Parent-Child Relationship of W.Z., K.Z., and Z.Z. (Minor Children) and T.Z. (Mother) v. Indiana Department of Child Services (mem. dec.)
18A-JT-2264
Juvenile termination of parental rights. Affirms the Tippecanoe Superior Court’s termination of mother T.Z.’s parental rights to her three minor children. The trial court did not err when it concluded that termination is in children’s best interests.

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