Opinions March 6, 2019

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Indiana Court of Appeals
In the Termination of the Parent-Child Relationship of: S.S. (Minor Child) and L.M. (Mother) and Sa.S. (Father) v. The Indiana Department of Child Services

18A-JT-2370
Juvenile Termination. Affirms the termination of L.M. and Sa.S.’s parental rights to their child, S.S. Finds the White Circuit Court did not err in terminating either mother or father’s parental rights. Finds the juvenile court did not err in its determination of S.S.’s best interests.

Gasbi, LLC d/b/a Michiana Chrysler Dodge Jeep Ram Fiat v. Tatiyana Sanders, et al.
18A-PL-1865
Civil Plenary. Affirms the St. Joseph Superior Court’s order denying Michiana Chrysler Jeep Dodge Ram Fiat’s motion to dismiss a class action complaint alleging deceptive acts brought against it by Tatiyana Sanders, Shalonda Vida and Robert Sheppard on behalf of themselves and others similarly situated. Finds the consumers did not fail to state a claim upon which relief could be granted within the meaning of the Indiana Deceptive Consumer Sales Act. Finds the trial court properly denied Michiana’s motion to dismiss the complaint.

Craig Newforth and Marcia Newforth v. Jason Bault
60A05-1712-PL-2969
Civil plenary. Affirms the Owen Circuit Court’s order determining the extent of an easement over property owned by Craig and Marcia Newforth. Finds the trial court did not err in entering findings related to the relative use or increased use of the easement area to Jason Bault for his mulch business. Concludes the trial court’s judgment is not clearly erroneous.

Christopher H. Boultinghouse v. State of Indiana
18A-CR-1536
Criminal. Affirms Christopher Boultinghouse’s conviction of Class A misdemeanor invasion of privacy. Finds the invasion of privacy statute does not infringe on Boultinghouse’s fundamental rights. Finds there is sufficient evidence to support the conviction.

In the Termination of the Parent-Child Relationship of: Am.S. and Av.S., (Minor Children) and C.S. (Mother) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-2348
Juvenile termination. Affirms the termination of C.S.’s parental rights to her children AM.S. and Av.S. Finds the Vanderburgh Superior Court did not abuse its discretion by granting the Department of Child Services’ motion to reopen evidence after the fact-finding hearing concluded. Finds the trial court’s order terminating C.S.’s parental rights is not clearly erroneous.

Regina L. Williams v. State of Indiana (mem. dec.)
18A-CR-2042
Criminal. Affirms the revocation of Regina Williams’ home detention placement with community corrections. Finds the Marion Superior Court did not abuse its discretion in revoking her placement. Finds there is sufficient evidence to support the revocation.

Rex Allen Duke, Sr. v. State of Indiana (mem. dec.)
18A-CR-1963
Criminal. Dismisses Rex Allen Duke Sr.’s appeal of his aggregate eight-year sentence for conviction of Level 5 felony burglary and his adjudication as a habitual offender. Finds his sentence is not inappropriate in light of the nature of the offenses or his character. Also finds Duke’s waiver of his right to appeal his sentence is valid and enforceable.

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