Opinions Dec. 30, 2022

Keywords Opinions

Court of Appeals of Indiana
Tonia Land, individually and on behalf of all others similarly situated v. IU Credit Union
22A-CP-382
Civil plenary. Reverses the grant of IU Credit Union’s motion to compel arbitration on Tonia Land’s overdraft lawsuit. Finds IUCU failed to provide reasonable notice to Land of the arbitration contract, so there was no meeting of the minds. Also finds Land’s silence did not constitute acceptance, and lack of acceptance is a ground for invalidating the addendum’s arbitration requirement. Remands for further proceedings.

Jeffery Neal, on behalf of himself and all others similarly situated v. Purdue Federal Credit Union
22A-PL-762
Civil plenary. Affirms the grant of Purdue Federal Credit Union’s motion to compel arbitration on Neal’s overdraft lawsuit. Finds PFCU did not waive any right to compel arbitration. Also finds it was reasonable that Neal should have notified PFCU if he did not intend to accept the offer, and Neal accepted the offer by remaining silent and inactive past the deadline. Finally, finds Neal cites no binding precedent for the proposition that Indiana credit unions owe potential or existing members a duty of good faith and fair dealing in forming a contract, nor for the related assertion that PFCU had a duty in inform him and its other members of the proposed class action, for which no class was never certified.

Melissa A. Laney Clark v. Christopher B. Clark (mem. dec.)
22A-DR-86
Domestic relations. Affirms the Monroe Circuit Court’s order on father Christopher B. Clark’s petition to modify custody and restrict mother Melissa A. Laney Clark’s parenting time. Finds the child custody modification was supported by substantial changes in multiple statutory factors, and the Monroe Circuit Court’s best interests determination is supported by the evidence. Also finds the trial court did not err by considering only the specific income figures to which each party testified, so its finding that Christopher’s weekly gross income was $1,163 was supported by the evidence. Finally, finds the award of attorney fees to Christopher is not clearly erroneous.

Omarion Elijah Wilbourn v. State of Indiana (mem. dec.)
22A-CR-833
Criminal. Affirms and reverses in part Omarion Wilbourn’s conviction of felony murder and his sentence to an aggregate of 95 years executed in the Indiana Department of Correction. Finds the state presented sufficient evidence to convict Wilbourn of murder. Also finds Wilbourn’s sentence is not inappropriate. Finally, finds the Lake Superior Court abused its discretion by ordering Wilbourn’s sentences to be served consecutively without identifying any aggravating circumstances. Remands with instructions for the trial court to either impose a concurrent sentence or to enumerate aggravating circumstances and to provide its rationale for the imposition of consecutive sentences.

Ronald Morgan and Cheryl Morgan v. Dickelman Insurance Agency, Inc., Dickelman Insurance, Inc., Jason Dickelman, and State Farm Fire and Casualty Co. (mem. dec.)
22A-PL-892
Civil plenary. Affirms the grant of summary judgment in favor of Dickelman Insurance Agency Inc., Dickelman Insurance Inc., Jason Dickelman and State Farm Fire and Casualty Co. on Ronald and Cheryl Morgan’s complaint for breach of contract, promissory estoppel, negligence and fraud. Finds the defendants are entitled to summary judgment on all four claims.

In re the Involuntary Termination of the Parent-Child Relationship of Ma.P., E.P., and V.P. (Minor Children), and M.P. (Mother) v. Indiana Department of Child Services v. Kids’ Voice of Indiana (mem. dec.)
22A-JT-1191
Juvenile termination of parental rights. Affirms the involuntary termination of mother M.P.’s parental rights. Finds no error.

Shonta E. Henderson v. State of Indiana (mem. dec.)
22A-CR-132
Criminal. Affirms Shonta E. Henderson’s convictions of four counts of invasion of privacy as a Class A misdemeanor. Finds the evidence was sufficient.

In re the Involuntary Termination of the Parent-Child Relationship of Z.L. (Minor Child) and T.L. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JT-1670
Juvenile termination of parental rights. Affirms the involuntary termination of mother T.L.’s parent-child relationship with Z.L. Finds the Bartholomew Circuit Court’s conclusion regarding the improbability of remedied conditions is not clearly erroneous, nor is the finding that termination is in Z.L.’s best interests.

Jessica Rae Jennings v. Daniel Ray Lewis, Jr. (mem. dec.)
22A-SC-1720
Small claims. Affirms the ruling in favor of Daniel Ray Lewis Sr. on Jessica Rae Jennings’ small claims action. Finds Jennings has violated numerous provisions of Indiana Appeallate Rule 46, she has waived appellate review of her issue.

Phillip G. Mourey v. State of Indiana (mem. dec.)
22A-CR-1983
Criminal. Affirms the revocation of Phillip G. Mourey’s probation. Finds the Ripley Superior Court did not abuse its discretion in revoking Mourey’s probation and ordering that he serve 2,920 days of his suspended sentence.

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