Opinions Dec. 28, 2021

Indiana Court of Appeals

Kim M. Lloyd v. Lawrence Kuznar and Trustees of Purdue University
Civil tort. Affirms the Allen Superior Court’s denial of Kim Lloyd’s Trial Rule 60(B) motion to the extent it sought to set aside the dismissal of her complaint against Lawrence Kuznar and Trustees of Purdue University. Finds Lloyd cannot revive her claims because she stopped participating in the litigation and failed to keep the trial court apprised of her address, which resulted in their dismissal. Finds the trial court erred in denying Lloyd’s Trial Rule 60(B) motion with respect to the default judgment entered against her on Kuznar’s counterclaim and reverses on that portion. Remands for further proceedings.

Andre Powell v. State of Indiana (mem. dec.)
Criminal. Affirms Andre Powell’s maximum one-year sentence for conviction of Class A misdemeanor theft, to be served consecutively to two years of his previously-suspended sentence. Finds Powell has failed to establish that his character or his circumstances warrants a reduced sentence.

In the Matter of The Civil Commitment of: P.P. v. Community Health Network, Inc. (mem. dec.)
Mental health. Affirms the Marion Superior Court’s order committing P.P. to Community Health Network, Inc. Finds sufficient evidence to support the commitment order.

Greg and Cynthia Armbruster v. Diana Tran (mem. dec.)
Civil collection. Affirms in part, reverses in part, remands with instructions. Agrees with Greg and Cynthia Armbrusters contention that the trial court erred in concluding that the doctrines of accord and satisfaction and waiver apply to relieve Diana Tran of liability related to her first lease and arrearage with Shambaugh Family Limited Partnership d/b/a Leo Crossing Associates in Fort Wayne. However, finds no error with its conclusion that Tran was liable pursuant to the Second Lease with C&R Shambaugh Family LLC or in imposing sanctions on Tran for violation of court orders to file her list of witnesses and exhibits and her list of final contentions by certain dates. Remands for recalculation of damages.

Supervised Estate of Dr. John Thomas Durnin (Deceased), Robert Montgomery v. Law Office of David Gladish, P.C., et al. (mem. dec.)
Estate. Vacates the Lake Circuit Court’s Sept. 8, 2020 Order Authorizing the Compromise and Settlement of Wrongful Death Claim and its June 15, 2021 order granting a motion for judgment on the pleadings with Attorney Robert Montgomery filed by Dr. Timothy Durnin, as personal representative of the Estate of Dr. John Durnin, and the Law Office of David Gladish, P.C. Vacates to the extent the trial court failed to conduct a hearing for apportionment of attorney fees before those orders were entered. Reverses and remands for a determination of those issues and directs the trial court to detail the reasons for its ruling in its order.

A.G. v. State of Indiana (mem. dec.)
Juvenile termination. Affirms the Elkhart Circuit Court’s order committing juvenile A.G. to the Department of Correction. Finds that A.G. was given more than three years of opportunities to take advantage of less-restrictive placements without progress before finally being committed to DOC. Thus, finds A.G. has failed to establish that the juvenile court abused its discretion in committing her to DOC.

Aaron Christian Rivera v. State of Indiana (mem. dec.)
Criminal. Affirms Aaron Rivera’s aggregate 6 ½-year sentence for convictions of two counts of Class A misdemeanor resisting law enforcement, Level 6 felony auto theft, Class A misdemeanor theft, and Level 5 felony battery resulting in bodily injury to a public safety official. Finds Rivera’s multiple convictions for resisting law enforcement do not violate Indiana’s prohibition against double jeopardy. Also finds Rivera’s theft conviction is supported by sufficient evidence and that he has failed to establish that his sentence is inappropriate.

Tighe Bibbs v. State of Indiana (mem. dec.)
Criminal. Affirms Tighe Bibbs’ conviction of felony murder and Class A misdemeanor carrying a handgun without a license. Finds the Marion Superior Court did not commit fundamental error in instructing the jury.

In the Involuntary Termination of the Parent-Child Relationship of: O.W. (Minor Child), and K.W. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the involuntary termination of K.W.’s parental rights to his child, O.W. Finds that the conditions under which Child was removed from Father’s care would not be remedied

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