Opinions Dec. 21, 2022

Keywords Opinions
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Court of Appeals of Indiana
Indiana Farmers Mutual Insurance Company v. HomeWorks Management Corporation; HomeWorks Funding Group II LLC; HomeWorks Construction Inc.; HomeWorks Holdings LLC; HomeWorks Realty LLC; HomeWorks Management and Remodeling LLC; HomeWorks Investments, Inc.; Selena Wiley; Joevonne Hiles, Sr.; Child Doe A; Child Doe B; Jeff Muzik; Ken Mensik; Joe Colvin, Jodi Pearce; Becky Medich; Mitchell Hooton; and Ron McCall
Civil plenary. Reverses the entry of summary judgment in favor of HomeWorks Management Corporation and HomeWorks Funding Group II LLC and the denial of Indiana Farmers Mutual Insurance Company’s motion to summary judgment. Finds the St. Joseph Circuit Court erred.

Steven A. Magness v. State of Indiana (mem. dec.)
Criminal. Affirms Steven Magness’ convictions of Level 6 felony intimidation and Class A misdemeanor resisting law enforcement and his adjudication as a habitual offender. Finds Magness knowingly and intelligently waived his right to counsel.

Event Holding, LLC, and Hassan Shanehsaz v. Kidz Heaven, LLC, and Azeem Niazi (mem. dec.)
Civil plenary. Affirms the ruling in favor of Kidz Heaven LLC and Azeem Niazi in a dispute with Event Holding LLC and Hassan Shanehsaz, which bought personal property from Kidz Heaven. Finds Event Holding’s claims were released under a mutual release negotiated between the parties. Also finds the Hamilton Superior Court did not err in determining Event Holding failed to show fraud.

Ahmed Moustafa v. Nermine Moustafa (mem. dec.)
Domestic relations with children. Affirms the dissolution decree ending the marriage of Ahmed and Nermine Moustafa. Finds the Hamilton Superior Court did not err when it recognized the validity of the parties’ Egyptian marriage and applied Indiana law to the dissolution proceedings, nor did it clearly err with respect to its division of the parties’ personal property in the home. Also finds the trial court’s finding that Ahmed owned the apartment and its valuation of the apartment were supported by the record. Finally, finds Nermine is entitled to appellate attorney fees. Remands with instructions for the trial court to determine and award to Nermine a reasonable amount of her appellate attorney fees.

C.H. v. State of Indiana (mem. dec.)
Juvenile. Affirms C.H.’s delinquency adjudication for disorderly conduct, which would be a Class B misdemeanor if committed by an adult. Finds the juvenile court’s placement of C.H. in the Department of Correction for disorderly conduct and a curfew violation is the least restrictive and most appropriate placement available. Also finds that the proportionality principle of Article 1, Section 16 of the Indiana Constitution is not implicated because juvenile proceedings are not criminal in nature.

John Zanetis v. Michael Bradburn and Tyler Randolph (mem. dec.)
Civil plenary. Affirms the judgment in favor of Michael Bradburn and Tyler Randolph and the denial of John Zanetis’ motion to correct error. Finds Zanetis has failed to carry his burden of proving that Bradburn and Randolph gained an advantage at his expense or otherwise benefited from Zanetis’ actions, as required to prove his constructive fraud and quantum meruit claims. Also finds the Marion Superior Commercial Court did not err in finding that the purchase agreement was not a valid, enforcement contract because it was not signed by all parties.

In the Involuntary Termination of the Parent-Child Relationship of: C.R. (Minor Child) and A.C. (Mother) and E.R. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the involuntary termination of mother A.C. and father E.R.’s parental rights to C.R. Finds the termination is not clearly erroneous.

L.W. v. State of Indiana (mem. dec.)
Juvenile. Affirms the order awarding wardship of L.W. to the Indiana Department of Correction for housing in a facility for children. Finds the placement ordered by the Vanderburgh Superior Court is consistent with L.W.’s best interest and the safety of the community. Also finds the trial court did not abuse its discretion.

Camilla Walker v. State of Indiana (mem. dec.)
Criminal. Affirms Camilla Walker’s conviction of Class A misdemeanor theft. Finds the state presented sufficient evidence beyond a reasonable doubt to convict Walker.

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