Opinions Jan. 21, 2020

Keywords Opinions

Indiana Court of Appeals
Aquatherm GmbH v. Renaissance Associates I Limited Partnership
19A-PL-981
Civil plenary. Affirms in an interlocutory appeal the Lake Superior Court’s denial of Aquatherm GmbH’s motion to dismiss for lack of personal jurisdiction in a case brought against it by Renaissance Associates I Limited Partnership. Finds GmbH’s contacts are not sufficient to confer general personal jurisdiction, but Indiana’s exercise of specific personal jurisdiction over GmbH would be fair and comport with federal due process requirements.

Christopher J. McElwee and Monday McElwee Albright f/k/a Monday Jones Albright, Attorneys at Law v. Michael Fish
18A-CT-2664
Civil tort. Grants Michael Fish’s petition for rehearing to address his argument that he had no cause of action against Christopher McElwee and the Monday McElwee Albright law firm until the foreclosure court ordered 2444 Acquisitions LLC to turn over surplus funds to Fish. Finds Fish could have made his claims against McElwee and Acquisitions as a consequence of the transfer of the surplus tax sale funds by McElwee and his claim to the surplus tax sale funds in one action. Affirms its original opinion and remands to the Marion Superior Court to grant McElwee’s motion to dismiss. Judge Elaine Brown dissents with separate opinion.

In the Matter of J.J. and K.M., (Minor Children), Children in Need of Services, and L.J. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JC-1625
Juvenile CHINS. Affirms the Vanderburgh Superior Court’s adjudication of mother L.J.’s two minor children J.J. and K.M. as children in need of services. Finds there is sufficient evidence to support the CHINS finding.

Bruce Giggy v. State of Indiana (mem. dec.)
19A-CR-1108
Criminal. Affirms Bruce Giggy’s 14-year-8-month sentence for conviction of Class C felony child molesting. Finds the Bartholomew Superior Court did not abuse its discretion in sentencing Giggy. Also finds the sentence is not inappropriate.

Lawrence Lucas v. State of Indiana (mem. dec.)
19A-CR-1264
Criminal. Affirms Lawrence Lucas’ conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds sufficient evidence to support Lucas’ conviction.

Fredrick L. Edmond v. State of Indiana (mem. dec.)
18A-PC-2738
Post-conviction. Affirms the Lake Superior Court’s denial of Frederick Edmond’s petition for post-conviction relief. Finds there is sufficient evidence to support the post-conviction court’s conclusion that Edmond was not denied effective assistance of trial counsel. Also finds the trial court properly determined that Edmond did not meet his burden concerning ineffective assistance of appellate counsel.

A.L. v. State of Indiana (mem. dec.)
19A-JV-1629
Juvenile. Affirms the Grant Superior Court’s determination that A.L. is a juvenile delinquent for an act that, if committed by an adult, would constitute a Class B misdemeanor disorderly conduct. Finds sufficient evidence to establish beyond a reasonable doubt that A.L. instigated the fight.

Morgen R. Bosler v. John Goldenberg, M.D., and Otolaryngology Associates, LLC (mem. dec.)
19A-CT-612
Civil tort. Affirms the Marion Superior Court’s judgment entered after a jury verdict in favor of John Goldenberg, M.D. and Otolaryngology Associates LLC on Morgen Bosler’s complaint alleging medical malpractice for having misdiagnosed her and having performed unnecessary sinus surgeries. Finds the trial court did not abuse its discretion when it denied Bosler’s motion to exclude challenged testimony.

In the Matter of the Termination of the Parent-Child Relationship of: K.A. (Minor Child) and K.A. (Mother),and C.A. (Father) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-1520
Juvenile termination of parental rights. Affirms the Hendricks Superior Court’s termination of mother K.A. and father C.A.’s parental rights to their child. Finds the juvenile court did not err in finding that there was a reasonable probability that the conditions that had led to Child’s removal would not be remedied. Also finds the juvenile court’s findings are supported by the eivdnece.

Cortez Boxley v. State of Indiana (mem. dec.)
19A-CR-902
Criminal. Affirms Cortez Boxley’s conviction of Class A misdemeanor striking a law enforcement animal. Finds there is sufficient evidence to support Boxley’s conviction.

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