Opinions Feb. 25, 2020

Indiana Court of Appeals
Property MD’s Home Improvement, LLC v. Anthony Grayson and Horizon Bank, N.A. (mem. dec.)
19A-PL-1764
Civil plenary. Affirms the Porter Superior Court’s denial of Property MD’s Home Improvement’s motion to correct error. Finds Property MD’s cited no legal authority in its disjointed argument regarding damages. Finds its argument regarding interest and attorney fees wholly fails to establish that its lien was valid.

Stephen Hahn v. State of Indiana (mem. dec.)
19A-CR-1749
Criminal. Affirms Stephen Hahn’s conviction in Marion Superior Court of Class A misdemeanor operating a vehicle while intoxicated in a manner endangering a person. Finds sufficient evidence to support the conviction.

Jennifer Melissa Milburn v. State of Indiana (mem. dec.)
19A-CR-2038
Criminal. Affirms Jennifer Milburn’s conviction of Class A misdemeanor operating a vehicle while intoxicated endangering a person. Finds evidence of probative value exists from which the St. Jospeph Superior Court as the trier of fact could have found Milburn guilty beyond a reasonable doubt.

T.D. v. A.D. (mem. dec.)
19A-DR-1868
Domestic relation. Affirms the Jasper Circuit Court’s order denying father T.D.’s request to modify custody and the reduction of his parenting time. However, reverses the trial court’s child support award and remands with instructions that it explain the basis for the award or, if necessary, to recalculate T.D.’s child support obligation consistent with the Indiana Child Support Guidelines.

Joshua Allen Wilson v. State of Indiana (mem. dec.)
19A-CR-2245
Criminal. Affirms the sanctions against Joshua Wilson for violating the conditions of his probation. Finds the Grant Superior Court did not abuse its discretion.

David Buck v. Samaron Corporation, et al. (mem. dec.)
19A-PL-1024
Civil plenary. Affirms the Elkhart Superior Court’s ruling in favor of Samaron Corporation and Daniel Holtz against David Buck. Finds the trial court did not err in denying Buck’s motion for summary judgment on the breach-of-contract claims or on the claim that Buck breached a fiduciary duty by retaining insurance proceeds. Finds no failure of proof with respect to damages and that Samaron has not demonstrated it is entitled to all requested fees.

Ryan S. Mader v. State of Indiana (mem. dec.)
19A-CR-689
Criminal. Affirms the Owen Circuit Court’s determination of credit for actual time served in jail after its decision to revoke Ryan Mader’s probation, as well as its order that he serve nine years of his previously suspended sentence. Finds the trial court did not err in awarding Mader 48 days credit for actual time served. Finds Mader was entitled only to the 48 days and not to an additional 83 days that already had been applied.

Please enable JavaScript to view this content.

Story Continues Below