Opinions Jan. 31, 2023

Court of Appeals of Indiana
Faye E. Hunter and James E. Hunter v. J & M Displays, Inc.
22A-CT-1454
Civil tort. Affirms the grant of J & M Displays Inc.’s motion for summary judgment in a dispute with Faye E. and James E. Hunter. Finds the evidence does not constitute a direct physical impact under the Modified Impact Rule. Also finds the Johnson Superior Court did not err in granting summary judgment with respect to the Hunters’ claim of negligent infliction of emotional distress.

Cole Hornsby v. State of Indiana
22A-CR-1329
Criminal. Affirms Cole Hornsby’s conviction of Level 6 felony stalking and his two-year sentence. Finds Hornsby’s constitutional right to a speedy trial was not infringed. Also finds the Dearborn Superior Court did not abuse its discretion when it admitted evidence that Hornsby possessed a handgun at school. Finally, finds Hornsby’s sentence is not inappropriate given the nature of his offense and his character.

Ruth Anne Gregory, Jane Marie Meives, Kay E. Morken and Phillip S. Sprague v. Eileen V. Koltz
22A-MI-1106
Miscellaneous. Affirms the denial of Ruth Ann Gregory, Jane Marie Meives, Kay E. Morken and Phillip S. Sprague’s motion to intervene and motion to set aside default judgment issued in favor of Eileen V. Koltz, trustee of the Eileen V. Koltz Trust, UTD, April 7, 1987. Also affirms the motions panel’s discretionary decision to let the appellants’ appeal proceed pursuant to Indiana Appellate Rule 1 even though the appeal was filed belatedly. Finds the Steuben Circuit Court did not abuse its discretion by denying the appellants’ motion to intervene in a default judgment, which had been issued seven years earlier, or by denying the appellants’ motion to set aside the default judgment pursuant to Indiana Trial Rule 60(B)(6) and (8). 

Timothy Roberts v. State of Indiana
22A-PC-613
Post-conviction. Reverses the denial of Timothy Roberts’ petition for post-conviction relief. Finds the post-conviction court abused its discretion by failing to issue subpoenas to Roberts’ trial and appellate counsel after granting his requests for those subpoenas. Remands for a new hearing.

Shelley Ann Blagrave v. Robert Earl Blagrave (mem. dec.)
21A-DC-2330
Domestic relations with children. Affirms and reverses in part the decree of dissolution of the marriage of Shelley Ann and Robert Earl Blagrave. Finds the parties agree that the dissolution decree failed to distribute substantial marital assets; that the Knox Circuit Court erroneously included Robert’s boat as a martial asset; and that the trial court failed to include vested future payments from the sale of Adams-Meyer Inc. in the marital estate, but a dispute of fact exists as to the total value of the remaining payments under that contract. Also finds the trial court did not err in finding that the parties held a 100% membership interest in REB Rentals LLC, in finding that the personal property awarded to the parties, including Robert’s guns, was essentially equal, or in rejecting Robert’s assertion that certain financial contributions from Meyer to Robert were liabilities of the marital estate. Finally, finds Shelley invited any error in the trial court’s valuation of Robert’s TD Ameritrade account. Remands for further proceedings.

In the Matter of M.M. (A Child In Need of Services); E.D. (Mother) v. The Indiana Department of Child Services (mem. dec.)
22A-JC-678
Juvenile CHINS. Affirms the adjudication of mother E.D.’s daughter, M.M., as a child in need of services. Finds the Indiana Department of Child Services presented sufficient evidence to support the CHINS adjudication.

Joyce Marie Clark v. Thessalonic, Inc. (mem. dec.)
22A-PL-1254
Civil plenary. Affirms and reverses in part the grant of partial summary judgment to Thessalonica Inc. on several of Joyce Marie Clark’s trespass claims. Finds the surveyors were permitted by statute to enter Clark’s property for the purpose of land surveying, so they did not enter her property “without right” as required for civil trespass and Thessalonica was entitled to summary judgment on that claim. Also finds Thessalonica was entitled to summary judgment on the portion of Count II that alleged criminal trespass related to the surveyors on Clark’s property, but questions of fact remain as to the mens rea element of the alleged criminal trespass. Remands for further proceedings on the portion of Count II that alleges criminal trespass based on the collecting and casting of water in a concentrated flow onto Clark’s property, and for further proceedings on that claim and Clark’s other pending claims.

Michael L. Klopenstine v. State of Indiana (mem. dec.)
22A-CR-1288
Criminal. Affirms Michael L. Klopenstine’s sentence — 360 days suspended to probation, $398.92 in restitution and $185 in court costs and fees — for his conviction of Class B misdemeanor criminal mischief. Finds Klopenstine failed to demonstrate that the Elkhart Superior Court erred in ordering restitution or in ordering him to pay costs and fees.

In Re: The Matter of the Paternity of: E.G.E., By Next Friend, Kayla Ellenwood v. Aidan J. Leon (mem. dec.)
22A-JP-1561
Juvenile paternity. Affirms the order establishing paternity, custody, child support, parenting time and other issues related to child E.G.E. Finds the Allen Superior Court did not err in ordering supervised parenting time or in denying the request that father Aidan Leon undergo a hair follicle drug test. Also finds the trial court’s use of the word “extortion” was not erroneous.

Harinder Singh v. Gursimran Kaur Dhanda (mem. dec.)
22A-DC-1672
Domestic relations with children. Affirms the denial of father Harinder Singh’s motions to correct error and to modify child support, and the order finding him in contempt. Finds the Johnson Circuit Court did not err in determining Singh’s child support obligation or in dividing the marital property. Also finds the trial court did not abuse its discretion in finding Singh in contempt.

A.W. v. State of Indiana (mem. dec.)
22A-JV-1787
Juvenile. Affirms the order placing A.W. in a residential treatment program at Josiah White’s. Finds the Lawrence Circuit Court did not abuse its discretion.

Kevin W. Shuffitt v. State of Indiana (mem. dec.)
22A-CR-1925
Criminal. Affirms Kevin Shuffitt’s sentence to an aggregate of 10 years for his convictions of Level 5 felony robbery and Level 5 felony criminal recklessness. Finds Shuffitt has failed to show that his sentence is inappropriate.

In Re: The Termination of the Parent-Child Relationshp of F.G. (Minor Child); A.G. (Mother) v. The Indiana Department of Child Services (mem. dec.)
22A-JT-2021
Juvenile termination of parental rights. Affirms the termination of mother A.G.’s parent-child relationship with her daughter, F.G. Finds there is sufficient evidence to support the termination.

Lamarrio Sierra Fields v. State of Indiana (mem. dec.)
22A-CR-2198
Criminal. Affirms the order finding Lamarrio Sierra Fields to be a sexually violent predator and requiring him to register for life. Finds the Vanderburgh Superior Court’s determination is not inconsistent with the plea agreement or statutes.