Court of Appeals of Indiana
Barclays Investment Funding LLC & T. Tad Bohlsen v. Jamalee Investments, LLC
Civil plenary. Dismisses Barclays Investment Funding LLC’s appeal of the denial of its motion to reconsider the Madison Circuit Court’s order striking Barclays’ motion to set aside a default judgment on a mortgage complaint. Finds Barclays’ motion to reconsider was instead a motion to correct error, and such motion was untimely.
Sergio Alberto Cruz v. Elizabeth Saldivar Cruz
Domestic relations, no children. Reverses the denial of Sergio Alberto Cruz’s Indiana Trial Rule 60(B)(6) motion to set aside a decree of annulment, entered by default after he failed to appear for a final hearing. Finds a petition for dissolution of marriage and a petition for annulment are separate and distinct causes of action, so Elizabeth Saldivar Cruz’s petition for annulment — filed after she petition for dissolution — asserted a new claim for relief. Also finds, under Indiana Trial Rule 5(A), that Sergio should have been served with the petition for annulment by summons as provided in Indiana Trial Rule 4. Finally, finds the Elkhart Circuit Court never obtained personal jurisdiction over Sergio as to the annulment petition because he was not served with it, so the trial court erred in entering a decree of annulment. Remands for further proceedings.
Timothy L. Patrick v. State of Indiana (mem. dec.)
Criminal. Affirms Timothy L. Patrick’s 100-year sentence, with 10 years suspended to probation, for his convictions of two counts of Level 1 felony child molesting and one count of Level 4 felony child molesting. Finds Patrick waived his appellate claim.
Joshua A. Kelley v. State of Indiana (mem. dec.)
Criminal. Affirms Joshua A. Kelley’s convictions for two counts of attempted murder as a Level 1 felony, one count of manufacturing methamphetamine as a Level 4 felony, two counts of possession of meth as a Level 5 felony, one count of carrying a handgun without a license as a Level 5 felony, pointing a firearm as a Level 6 felony and theft as a Level 6 felony, his enhancements for using a firearm in the commission of an offense and for being a habitual offender, and his 115-year sentence. Finds the state presented sufficient evidence to support Kelley’s convictions for attempted murder and theft. Also finds Kelley’s sentence is not inappropriate in light of the nature of the offenses and his convictions. Finally, finds the Steuben Superior Court erred when it entered judgment of conviction on both Counts 4 and 12 and then merged them. Remands with instructions to vacate Kelley’s conviction on Count 4, carrying a handgun without a license as a Class A misdemeanor.