Opinions Aug. 4, 2022

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The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Wednesday:
Duro, Inc., et al., v. E. Spencer Walton, Jr., et al.
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Chief Judge Jon E. DeGuilio.
Civil. Affirms the district court’s entry of judgment in favor of the May Oberfell Lorber law firm in a dispute with Duro Inc. Finds Duro Inc.’s assertion of its legal malpractice claim depends on a de facto assignment that is barred as a matter of Indiana law. Also finds part of the settlement tried to enable new owner Amit Shah and the corporation to pursue the lawyers who had formerly opposed him in the litigation over control of the corporation. Finally, finds Summit Account & Computer Service, Inc. v. RJH of Florida, Inc., 690 N.E.2d 723 (Ind. App. 1998), works in favor of the defendants.

Thursday opinions
Indiana Court of Appeals
John Kader v. Marion County Sheriff, in his official capacity, and the Marion County Sheriff’s Department (mem. dec.)
Civil plenary. Reverses the Marion Superior Court’s grant of summary judgment to the Marion County sheriff, in his official capacity, and the Marion County Sheriff’s Department on John Kader’s negligence claims. Finds law-enforcement immunity does not apply and the trial court erred in entering summary judgment for the sheriff’s department on that basis. Remands for further proceedings.

Jason Stoops v. September Stoops (mem. dec.)
Domestic relations with children. Affirms the modification of Jason Stoops’ child support obligation and award of attorney fees to September Stoops. Finds Jason’s due process argument fails. Also finds Jason failed to show any error in the Marion Superior Court’s modification of his child support obligation or in the award of attorney fees.

Earl Moore v. State of Indiana (mem. dec.)
Criminal. Affirms Earl Moore’s conviction of Level 3 felony rape, Level 5 felony battery and Level 6 felony battery. Finds sufficient evidence supports Moore’s rape conviction.

James Edward Rudolph v. State of Indiana (mem. dec.)
Criminal. Affirms James Rudolph’s conviction of Level 1 felony rape. Finds the Madison Circuit Court did not abuse its discretion in denying Rudolph’s request to amend its final jury instruction regarding rape. Also finds the lack of an instruction regarding Rudolph’s testimony did not result in fundamental error.

In the Matter of F.B., Child Alleged to be a Child in Need of Services; J.B. (Father) and K.B. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms the finding that F.B. is a child in need of services. the daughter of J.B. Finds the Department of Child Services presented sufficient evidence to demonstrate that F.B. is a CHINS.

In the Termination of the Parent-Child Relationship of: A.P., Z.T. & M.P. (Minor Children) and Q.P. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of mother Q.P.’s parental rights to her three children. Finds the Howard Circuit Court did not err because there was clear and convincing evidence of each element required to support termination.

Stephen Ames v. Town of Kingsford Heights, Indiana (mem. dec.)
Miscellaneous. Affirms the LaPorte Circuit Court’s decision affirming the Town Council of Kingsford Heights’ decision to terminate Stephen Ames as deputy town marshal. Finds the trial court did not err.

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