Opinions Feb. 18, 2020

Keywords Opinions

Indiana Court of Appeals
Robert L Williams v. Gavin H. Inglis, M.D., and St. Vincent Hospital and Health Center  
19A-CT-1438
Civil tort. Affirms the Marion Superior Court’s denial of Robert Williams’ motion to amend his complaint to add a federal claim and the trial court’s grant of partial summary judgment to St. Vincent Hospital and Health Care Center on Williams’ medical malpractice claim. Finds the trial court did not err.

Vinita Singh Tyagi v. Vichitra Tyagi, Vijai and Sushma Tyagi

19A-DR-607
Domestic relation. Affirms the Boone Superior Court’s order excluding from the marital estate a company and residence Vinita Singh Tyagi claims were owned by her husband, Vichitra Tyagi. Finds the trial court did not abuse its discretion in finding that Hoosier Broadband LLC and a Zionsville residence are owned by Vichitra’s parents and therefore are not martial assets.

Vic’s Antiques And Uniques, Inc. v. J. Elra Holdingz, LLC

19A-SC-1348
Small claims. Vacates the Bartholomew Superior Court’s order of possession requiring that Vic’s Antiques and Uniques Inc. vacate real estate owned by J. Elra Holdingz LLC. Finds in its operation and effect, the agreement between Vic’s and J. Elra is a land sale contract and that the claim asserted is not a possessory action between a landlord and a tenant. Also finds the small claims court lacked jurisdiction over the agreement and the order is thus void. Remands with instructions to dismiss the claim.

Kerry L. Bush v. State of Indiana (mem. dec.)
19A-CR-1639
Criminal. Affirms Kerry Bush’s convictions of operating a vehicle while intoxicated and operating a vehicle with an alcohol concentration equivalent to 0.08 or more, both as Level 6 felonies, and operating a vehicle with suspended driving privileges and a prior conviction, a Class A misdemeanor, as well as his nine-year elevated sentence. Finds sufficient evidence to support Bush’s convictions. Also finds his sentence is not inappropriate in light of the nature of his offenses and his character.

Leah Johnson v. Justin W. Johnson (mem. dec.)
19A-DC-827
Domestic relation with children. Affirms the denial of Leah Johnson’s motion to correct error filed with respect to the dissolution of her marriage to Justin Johnson. Finds the Allen Superior Court did not abuse its discretion in determining Justin’s child support obligation, valuing Justin’s personal savings plan, and distributing the parties’ property. Also finds Leah’s claim that the trial court abused its discretion by failing to provide sufficient information for the division of Justin’s PSP is not ripe.

Joshua Walker v. State of Indiana (mem. dec.)
19A-CR-1072
Criminal. Affirms Joshua Walker’s conviction for Level 6 felony possession of cocaine and his adjudication as a habitual offender. Finds the Marion Superior Court did not abuse its discretion in ruling that Walker’s proffered evidence was inadmissible.

In the Matter of the Termination of the Parent-Child Relationship of D.Y., Mother, T.W., Father, and A.W., Minor Child, D.Y. and T.W. v. Indiana Department of Child Services (mem. dec.)
19A-JT-1559
Juvenile termination of parental rights. Affirms the termination of mother D.Y. and father T.W.’s parental rights to their child, A.W. Finds the Knox Superior Court’s termination was not clearly erroneous.

K.N.S. v. J.C. (mem. dec.)
19A-DC-2112
Domestic relation with children. Affirms and reverses in part the dissolution order between mother K.N.S. and father J.C. as it relates to property distribution and child support. Reverses the property distribution order and remands with instructions to the Howard Superior Court to divide the marital pot, inclusive of assets and liabilities, in accordance with statutory authority providing for a just and reasonable disposition and a presumptive 50/50 split. Also instructs the trial court to consider and enter appropriate findings as to whether credit should be given to K.N.S. for J.C.’s dissipation of marital assets, and to recalculate J.C.’s child support obligation, retroactive to the date of the filing for child support, reducing the potential income attributed to K.N.S. to reflect the evidence presented as to her circumstances, and eliminating the credit to J.C. for overnight visits.

In the Matter of the Termination of the Parent-Child Relationship of T.W. (Minor Child) and J.W. (Mother) v. Indiana Department of Child Services (mem. dec.)
19A-JT-2246
Juvenile termination of parental rights. Affirms the termination of mother J.W.’s parental rights to her child T.W. Finds the juvenile court’s findings demonstrate a reasonable probability that the conditions resulting in T.W.’s removal from or continued placement outside of J.W.’s care will not be remedied. Also finds the juvenile court’s determination that termination of J.W.’s parental rights is in T.W.’s best interests is supported by sufficient evidence. Finally, finds the Department of Child Services has a satisfactory plan for T.W.’s care and treatment.

Craig T. Smith v. State of Indiana (mem. dec.)
19A-CR-2230
Criminal. Affirms Craig Smith’s 2 ½-year sentence for his conviction of Level 6 felony possession of methamphetamine. Finds the sentence is not inappropriate and that the Bartholomew Circuit Court did not abuse its discretion when it did not identify Smith’s guilty plea as a mitigating circumstance.

In Re: The Termination of the Parent-Child Relationship of J.H. and D.J.; J.J. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-1544
Juvenile termination of parental rights. Affirms the termination of mother J.J.’s parent-child relationship with her children, J.H. and D.J. Finds sufficient evidence to support the Vanderburgh Superior Court’s decision to terminate the parent-child relationships.

P.M. v. State of Indiana (mem. dec.)
19A-JV-2365
Juvenile. Affirms the order committing P.M. to the Indiana Department of Correction for an indeterminate term. Finds the juvenile court’s decision to order P.M.’s commitment to the DOC was not an abuse of its broad statutory discretion.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of K.B. (Minor Child) and K.S. (Mother) and K.B.-K. (Father) v. Indiana Department of Child Services (mem. dec.)
19A-JT-2126
Juvenile termination of parental rights. Affirms the termination of mother K.S. and father K.B.-K.’s parental rights to their minor child K.B. Finds the Tippecanoe Superior Court did not clearly err in concluding that there is a reasonable probability that the conditions that resulted in K.B.’s removal will not be remedied or that the termination of the parental relationships is in the child’s best interests.

Travis Pugh v. State of Indiana (mem. dec.)
19A-CR-998
Criminal. Affirms Travis Pugh’s convictions for Level 6 felony theft, Level 6 felony auto theft and Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds Pugh has failed to demonstrate an abuse of the Clay Superior Court’s discretion warranting reversal of his convictions.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of A.G. (Minor Child) and K.R. (Father) v. Indiana Department of Child Services (mem. dec.)
19A-JT-2091
Juvenile termination of parental rights. Affirms the termination of mother K.R.’s parental relationship with his child A.G. Finds K.R. has failed to establish clear error by the Marion Superior Court.

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