Opinions Feb. 22, 2021

Indiana Court of Appeals
Terrence Brodnik v. Cottage Rents LLC
Small claims. Reverses the Hendricks Superior Court’s dismissal of Terrence Brodnik’s claim against Cottage Rents LLC based on a lack of subject matter jurisdiction and a failure to state a claim upon which relief can be granted. Finds dismissal was improper under Trial Rules 12(B)(1) and 12(B)(6). Remands for further proceedings.

Cember Wamsley, as Personal Representative of the Estate of Genia Wamsley v.  Tree City Village and New Generation Management, Inc. (mem. dec.)
Civil tort. Affirms the grant of summary judgment in favor of Tree City Village and New Generation Management. Finds the Decatur Superior Court properly granted summary judgment in the case brought by Cember Wamsley, as personal representative of the Estate of Genia Wamsley, alleging negligence and nuisance because there are no genuine issues of material fact and the landlords are entitled to judgment as a matter of law.

Kyle M. Voegele v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Kyle Voegele’s probation and the imposition of his full suspended 720-day sentence for Level 6 felony theft. Finds the Ripley Superior Court did not abuse its discretion.

In re the Termination of the Parent-Child Relationship of: M.C. (Minor Child) and K.K. (Mother) and R.C. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of mother K.K.’s parental rights to her minor child. Finds the Putnam Circuit Court’s termination order was not clearly erroneous.

James W. Parks v. State of Indiana (mem. dec.)
Post conviction. Affirms the denial of James W. Parks’ petition for post-conviction relief. Finds Parks has failed to show that the evidence in Lake Superior Court leads unerringly and unmistakably to a decision opposite to that reached by the post-conviction court.

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