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Munster Medical Research Foundation, Inc. v. Melodyann Clark, Individually and as Personal Representative of the Estate of Terry F. Clark Jr., Deceased
No. 25A-CT-1827
Civil. Interlocutory appeal from the Lake Superior Court, Judge Calvin D. Hawkins. Affirms in part, reverses in part and remands. Holds the trial court did not abuse its discretion by ordering the hospital to answer the Estate’s requests for admissions because the requests were not ambiguous, were properly used to narrow issues for trial and were proportional to the needs of the case; also concludes the hospital’s objections — including claims of improper purpose and burden — were not substantially justified. However, concludes the trial court erred in awarding attorney fees and expenses without first providing an opportunity for a hearing as required by Trial Rule 37, and that the error was not harmless because the hospital was denied a meaningful opportunity to challenge the amount and reasonableness of the fees. Judge Felix authored the opinion. Judges Brown and Scheele concur. Appellant’s attorney: Adam J. Sedia, Johnson & Bell, P.C., Crown Point, Indiana. Appellee’s attorney: Daniel B. Vinovich, Hilbrich Cunningham Dobosz Vinovich & Sandoval, LLP, Highland, Indiana.
Indiana Court of Appeals
Aaron Gregory Fowler v. State of Indiana
No. 25A-CR-1910
Criminal. Appeal from the Marion Superior Court, Judge James K. Snyder. Affirms Fowler’s convictions for multiple offenses, including child molesting, sexual misconduct with a minor, child exploitation, possession of child pornography and Level 5 felony attempted obstruction of justice, and his aggregate 119-year sentence. Holds the trial court did not abuse its discretion in admitting Facebook Messenger messages because the victim’s mother’s statements were admissible as adoptive admissions where Fowler failed to deny accusations about the victim’s age and responded in a manner indicating acceptance; the court further concludes any error was harmless given cumulative evidence of Fowler’s knowledge. Also holds sufficient evidence supports the attempted obstruction conviction based on Fowler’s jail letter directing another person to fabricate a witness statement and related evidence. Judge Brown authored the opinion. Judges Altice and DeBoer concur. Appellant’s attorneys: Talisha Griffin, Christopher Taylor-Price, Marion County Public Defender Agency, Appellate Division, Indianapolis, Indiana. Appellee’s attorneys: Office of the Indiana Attorney General.
Indiana Court of Appeals
Kasey Parsons v. Ryan Brock
No. 25A-JP-2771
Juvenile. Appeal from the Morgan Circuit Court, Judge Matthew G. Hanson. Reverses the trial court’s order reinstating Father’s parenting time and remands for further proceedings. Holds the trial court abused its discretion by modifying parenting time without evidence that doing so was in the children’s best interests, instead basing its decision solely on Mother’s prior reconciliation with Father and failure to follow a prior protective order; the court concludes Father failed to meet his burden to show he no longer posed a danger to the children or that reinstating parenting time was appropriate. Judge DeBoer authored the opinion. Judges Brown and Altice concur. Appellant’s attorneys: Bryan L. Ciyou, Ciyou & Associates, P.C., Indianapolis, Indiana; Anne Medlin Lowe, Fugate Gangstad Lowe LLC, Carmel, Indiana.
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