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Anita J. Woodson v. Ronda Randall, as Personal Representative of the Estate of Julian M. Roache
No. 25A-PL-779
Civil. Appeal from the Marion Superior Court, Judge Gary L. Miller. Affirms the trial court’s judgment entered after a bench trial in favor of the Estate of Julian M. Roache and against Anita J. Woodson. Holds that the Estate’s breach-of-fiduciary-duty claims were not barred by the statute of limitations, concluding the two-year limitations period applied and did not begin to run earlier than the Decedent’s death because Woodson’s commingling of funds constituted a continuing wrong and the Decedent lacked awareness due to advanced dementia. Further holds that the trial court properly applied the common law presumption of undue influence, finding Woodson acted in a fiduciary and confidential relationship with the Decedent independent of the power of attorney and failed to rebut the presumption after benefiting from transfers of the Decedent’s funds into her personal accounts. Also holds the trial court did not abuse its discretion in evidentiary rulings, including admitting evidence concerning trust assets and Social Security benefits for contextual and damages-calculation purposes, and permitting Woodson to testify regarding the Decedent’s medical diagnoses based on personal knowledge. Concludes Woodson breached her fiduciary duties by failing to account for $55,365.90 of the Decedent’s funds. Appellant’s attorney: Sandy L. Bryant. Appellee’s attorney: H. Kennard Bennett.
Indiana Court of Appeals
Derek Steven McCauley v. Newrez LLC d/b/a Shellpoint Mortgage Servicing
No. 25A-MF-973
Civil. Appeal from the Marion Superior Court, Magistrates Katie R. Melnick and Andrew J. Borland. Affirms the trial court’s denial of Derek McCauley’s motion to vacate a foreclosure judgment entered in favor of Newrez LLC d/b/a Shellpoint Mortgage Servicing. Holds that McCauley waived appellate review by failing to present any coherent or cogent argument as required by the Indiana Appellate Rules. Notes that McCauley, proceeding pro se, repeatedly advanced sovereign citizen-style arguments lacking basis in law or fact, both in the trial court and on appeal. Concludes that pro se litigants are held to the same standards as licensed attorneys and that the Court will not address arguments that are undeveloped, unintelligible, or legally baseless. Accordingly, summarily rejects McCauley’s claims and leaves the foreclosure judgment intact. Appellant pro se: Derek Steven McCauley. Appellee’s attorneys: Shannon O’Connell Egan and Nathan H. Blaske, Dinsmore & Shohl LLP.
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