Opinions Dec. 6, 2021

Keywords Opinions

Court of Appeals of Indiana
Roy Michael Johnson v. Samantha A. Johnson
Domestic relations no children. Affirms in part and reverses in part the Hancock Circuit Court’s dissolution of marriage for Roy Johnson and Samantha Johnson. Remands with instructions for the trial court to remove the husband’s accumulated leave from the marital pot, award the wife all of the husband’s pension’s survivor benefits, clarify whether it is awarding Samantha attorney fees, and recalculate and re-determine a just and reasonable division of the marital estate. Finds the trial court clearly erred by including Roy’s accumulated leave in the marital pot but did not err by excluding the college loans executed after the date of filing. Also finds no abuse of discretion in determining that an unequal division of the marital estate in Samantha’s favor was just and reasonable.

6232 Harrison Ave. LLC, 4734 Johnson Ave. LLC, 1523 175th St LLC, 4411 Baltimore Ave LLC, 4840 Oak Ave LLC, 6629 McCook Ave LLC, and 6845 Colorado Ave LLC v. City of Hammond, Indiana
Civil plenary. Reverses the dismissal of an amended complaint filed by a group of corporate property landlords against the city of Hammond and remands to the Lake Superior Court. Finds the landlords’ complaint was filed within the 180 days as required by Indiana Tort Claims Act.

Zachary Foor v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Zachary Foor’s motion to withdraw his guilty plea. Finds Foor’s motion was unverified, and therefore the trial court properly denied it. Also finds the record shows that Foor was informed that he waived the right to appeal his sentence.

John R. Mathis, Jr. and Lisa A. Mathis v. JW Property Management, LLC, and LaPorte County Auditor (mem. dec.)
Verified petition for issuance of a tax deed. Affirms the denial of John Mathis Jr.’s motion to re-enter his home after it was purchased at a tax sale to retrieve personal property he had left behind. Finds his request to re-enter the home to retrieve his personal property was moot because the undisputed evidence established that JW disposed of all of Mathis’s personal property. Finds the LaPorte Superior Court did not abuse its discretion in denying Mathis’s motion to re-enter JW’s Property.

Nathan Allen Lundgren v. State of Indiana (mem. dec.)
Criminal. Affirms Nathan Lundgren’s aggregate two-year sentence for conviction of Level 6 felony auto theft, Level 6 felony resisting law enforcement, and Class A misdemeanor driving while suspended. Finds Lundgren has failed to establish that his sentence is inappropriate in light of the nature of his offense and his character.

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