Opinions April 12, 2019

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Indiana Supreme Court
In the Matter of Marjonie Diane Gabriel

Attorney discipline. Suspends Carmel attorney Marjonie Gabriel for 90 days with automatic reinstatement after she committed attorney misconduct by knowingly disobeying court orders. Affirms Gabriel violated Professional Conduct Rule 3.4(c) but did not violate Rule 8.4(b), as the disciplinary commission alleged. Finds her act of making payments and withdrawals her estate to herself without obtaining the requisite court approval did not equate to criminal conversion or exploitation of an endangered adult.

Indiana Court of Appeals
Paul Michael Wilkes v. Celadon Group, Inc., et al.

Civil tort. Affirms the Marion Superior Court’s grant of summary judgment to Cummins, Inc., Cummins Corporation, and Cummins John Doe Entities upon Paul Wilkes’ negligence claims. Reverses the grant of summary judgment to Celadon Trucking Services, Inc., Celadon Logistics Services, Inc. and Celadon Group, Inc., finding issues of material fact as to Celadon’s duty to driver Paul Michael Wilkes, who was injured while unloading a truck. Remands for proceedings.

Robert Walker and Patricia Walker v. Megan (Buckner) Knight, Robert Walker and Patricia Walker v. Ashley Erin Carpenter
Miscellaneous/rehearing. Grants Megan Knight’s and Ashley Carpenter’s petition for rehearing for the limited purpose of clarifying the Indiana Court of Appeals’ holding that the grandparents, Robert and Patricia Walker, are entitled to proceed on the merits. Holds that in its prior reversal of the Hamilton Superior Court’s finding of summary judgment in favor of Knight and Carpenter, the appellate court intended to give the trial court the opportunity to hear the merits of the Walkers’ petition for grandparent visitation because that is what the parties stipulated in a written agreement. Also clarifies the stepfathers filed and were granted their petitions for step-parent adoption before Braden Walker’s death.  

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: C.R. (Minor Child), and N.S. (Father) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the Monroe Circuit Court’s order terminating N.S.’s parent-child relationship with C.R. Finds there is sufficient evidence to support the termination order. Finds the trial court did not err by finding that termination of the parent-child relationship is in C.R.’s best interest.

Joshua G. Villanueva-Rose v. State of Indiana (mem. dec.)
Criminal. Affirms Joshua Villanueva-Rose’s aggregate 23-year sentence for conviction of Level 3 felony attempted armed robbery, Level 3 felony armed robbery and Level 5 felony carrying a handgun without a license. Finds Villanueva-Rose’s sentence imposed in St. Joseph Superior Court is not inappropriate in light of the nature of his offenses and his character.

Joseph M. Hawk v. State of Indiana (mem. dec.)
Criminal. Affirms Joseph Hawk’s consecutive sentences of two years, five years, and one year for his convictions in Bartholomew Superior Court of Level 6 felony possession of methamphetamine, Level 5 felony dealing in methamphetamine, and Class A misdemeanor domestic battery. Finds the sentences are not inappropriate in light of the nature of the offenses or Hawk’s character.

Subway Real Estate Corporation v. GIV Green Tree Mall Investor, LLC (mem. dec.)
Civil collection. Affirms the Clark Circuit Court’s award of summary judgment in favor of GIV Green Tree Mall Investor, LLC, concluding it was entitled to recover $812,002.64 plus prejudgment interest from Subway Real Estate Corporation under an acceleration provision and that it had attempted to mitigate its damages. Finds the trial court did not err by finding that Green Tree Mall was meeting its ongoing duty to mitigate its damages or in the its calculation of damages.

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