Opinions Aug. 20, 2021

Indiana Court of Appeals
Nathan L. Reitenour and Jamie M. Reitenour v. M/I Homes of Indiana, L.P., the Utilities Service Board of the City of Lawrence, Indiana, and the City of Lawrence
21A-CT-103
Civil tort. Reverses the Marion Superior Court’s order staying proceedings and compelling arbitration in Nathan and Jamie Reitenour’s suit against M/I Homes of Indiana L.P. Finds the order was premature because the Reitenours have not yet definitively chosen the remedy of damages. Also finds the Reitenours must choose damages, as opposed to recission of the purchase agreement, before the trial court may compel arbitration. Remands for further proceedings.

Elizabeth Roetter v. Michael P. Roetter, Jr.
20A-DC-2150
Domestic relations with children. Affirms and reverses in part the Hendricks Circuit Court’s order dissolving Elizabeth and Michael Roetter’s marriage. Finds the trial court did not abuse its discretion in fashioning a spousal maintenance award. Also finds the division of property was unjust and unreasonable. Remands for further proceedings.

Ashley D. (Ramey) Day-Ping v. Charles T. Ramey, III
21A-DR-295
Domestic relations. Reverses the Johnson Circuit Court’s order granting a petition to change a child custody agreement in favor of Charles Ramey III. Finds the weight the trial court gave to Ramey’s evidence and Dr. Linda McIntire’s report — especially in light of the fact that Ramey and his girlfriend committed fraud when reporting mother Ashley Day-Ping to the Department of Child Services — necessitates a reexamination of the evidence. Remands for reconsideration of the evidence based on the entirety of the circumstances concerning the parties.

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