Opinions April 29, 2020

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Indiana Court of Appeals
Clover Homes , et al. v. Timberland Home Center , et al.
Civil collection. Reverses the Putnam Superior Court’s order granting the motion to transfer venue filed by Tracy and Robbyn Nash against Floyd Freeman and Clover Homes Inc. Finds that because the original plaintiffs filed the case in a county with preferred venue, the trial court erred by transferring the action to another county with preferred venue.

Larry D. Penley v. Kelly R. Penley
Domestic relation, no children. Reverses the Tipton Circuit Court’s order denying Larry Penley’s motion for leave to file a belated motion to correct error pursuant to Indiana Trial Rule 72(E) to challenge his final dissolution decree. Finds the trial court abused its discretion by denying Penley’s request for leave to file a belated motion to correct error. Remands to the trial court with instructions to allow Penley to file a motion to correct error within 30 days of the opinion being certified.

Reynaldo Ernesto Alvarez v. State of Indiana
Criminal. Affirms the denial of Reynaldo Ernesto Alvarez’s motion to correct error after he was sentenced to 2 ½ years in the Indiana Department of Correction for a conviction of Level 6 felony sexual battery. Finds the Hamilton Superior Court did not err in declining to give Alvarez credit for time spent in the Hamilton County Jail prior to the entry of his conviction and sentencing. Also finds the trial court did not err in denying the motion to dismiss.

Speedy Wrecker Service, LLC,, and Jeanne Walters Real Estate, LLC v. Daniel H. Frohman
Civil tort. Reverses Monroe Circuit Court’s denial of Speedy Wrecker and Jeanne Walters Real Estate’s motion for summary judgment and partial grant of Daniel Frohman’s motion for summary judgment. Finds that while Indiana Code §§ 9-22-1-15 and section 9-22-1-16 require property owners to wait 24 hours before towing a vehicle, there is an emergency exception allowing the vehicle to be removed immediately if it “interferes physically with the conduct of normal business operations.” Also finds Speedy Wrecker and JW Realty did not violate state law when they towed Frohman’s car from the real estate company’s private parking lot. Remands with instructions to enter summary judgment for Speedy Wrecker and JW Realty.

Carroll County E911 v. Aishah Hasnie
Miscellaneous. Reverses in part the Marion Superior Court’s entry of summary judgment against the Carroll County E911 dispatch center in favor of Tribune Broadcasting Indianapolis LLC d/b/a Fox 59 on its complaint seeking disclosure of certain 911 calls pursuant to Indiana’s Access to Public Records Act. Affirms in part the trial court’s substitution of Fox 59 as the real party in interest. Finds 911calls can be excepted from disclosure under the APRA when requested from a law enforcement agency directly. Also finds the trial court did not abuse its discretion when it substituted Fox 59 as the real party in interest. Remands for further proceedings.

Tyron King v. State of Indiana (mem. dec.)
Criminal. Affirms Tyron King’s conviction for Class A misdemeanor domestic battery. Finds sufficient evidence to support the conviction.

In re the Paternity of E.G.C., Minor Child, Lisa Jacobs (Click) v. Ryan Delagrange (mem. dec.)
Juvenile paternity. Affirms the Elkhart Superior Court’s legal custody and parenting time order. Finds the trial court did not abuse its discretion in granting sole legal custody of Lisa Jacobs and Ryan Delagrange’s child to Delagrange. Also finds the trial court did not err by reducing Jacobs’ parenting time. Finally, finds Jacobs failed to demonstrate that she did not have notice of the rule of the court against which her contempt was alleged to have been committed. Denies Delagrange’s requests for appellate attorney fees.

In the Matter of the Estate of James Wilke (Deceased), Melissa Wilke-Ware v. Barbara Mohr as Personal Representative of the Estate of James Wilke (mem. dec.)
Estate, unsupervised. Reverses the Owen Circuit Court’s interlocutory order ordering the sale of certain real estate appealed by Melissa Wilke-Ware. Finds the trial court did not err in reopening the estate on Dec. 5, 2018, but did not admit evidence that Wilke-Ware was in default under the agreement as to the real estate. Remands for an evidentiary hearing on Robert Wilke’s May 10, 2019, motion for sale of real estate. Judge John Baker concurs with separate opinion.

In the Matter of the Civil Commitment of: B.J. v. Health & Hospital Corporation of Marion County d/b/a Eskenazi Health Midtown Community Mental Health (mem. dec.)
Mental health. Affirms and reverses in part the involuntary regular commitment of B.J. at Eskenazi Health Midtown Community Mental Health. Finds insufficient evidence to support the special condition prohibiting B.J. from consuming alcohol or nonprescribed drugs when he attains outpatient status and reverses that part of the trial court’s judgment. Remands with instructions to strike the special condition.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of D.B. (Minor Child) and T.S. (Father) v. The Indiana Department of Child Services , et al. (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of father T.S.’s parent-child relationship with his daughter, D.B. Finds T.S. has failed to establish that the Marion Superior Court clearly erred in concluding that termination is in D.B.’s best interests or in concluding that there is a reasonable probability that the conditions that resulted in D.B.’s removal and continued placement outside the home will not be remedied. Also finds T.S. waived his due process argument by failing to raise it in the trial court.

In the Matter of the Civil Commitment of M.T. v. Options Behavioral Health Systems (mem. dec.)
Mental health. Affirms the involuntary regular civil commitment of M.T. Finds clear and convincing evidence supports the Marion Superior Court’s determination that M.T. was gravely disabled for purposes of his involuntary regular commitment.

Donald Thomas v. State of Indiana (mem. dec.)
Criminal. Affirms Donald Thomas’ aggregate 75-year sentence for his convictions of Class A felony rape and Class A felony criminal deviate conduct. Finds Thomas waived his argument that his Sixth Amendment rights were violated by failing to object at his sentencing hearing, especially when the Marion Superior Court specifically invited the objection.

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