Opinions July 26, 2021

Indiana Court of Appeals
William Hoppe, as Father and Natural Guardian of Madison Hoppe, a Minor, and Shellie and Christopher Knoll v. Safeco Insurance Company of Indiana
Civil plenary. Affirms the Hamilton Superior Court’s grant of summary judgment in favor of Safeco Insurance Company of Indiana in Safeco’s declaratory judgment action to determine whether it had a duty to indemnify their insureds, Shellie and Christopher Knoll, in a lawsuit filed by William Hoppe, as father and natural guardian of Madison Hoppe, a minor. Finds coverage under the liability section of the homeowner’s insurance policy issued by Safeco to the Knolls does not apply to bodily injury arising from the use of the golf cart. Thus, there’s no coverage under the policy for any entrustment, supervision, act, decision or omission concerning the golf cart. Also finds the trial court properly granted summary judgment to Safeco.

Srinivasulu Kakollu v. Sraina Sowmya Vadlamudi
Domestic relations with children. Affirms the Hamilton Superior Court’s final decree dissolving Srinivasulu Kakollu’s marriage to Sraina Sowmya Vadlamudi. Finds the trial court did abuse its discretion when it found that joint legal custody was not in their child’s best interests and awarded wife sole legal custody of child. Also finds no err in the trial court’s exclusion from the marital pot of money that husband paid for wife’s attorney fees. Finally, finds the trial court did not err when it valued husband’s businesses.

Brian Worrell v. Cynthia Worrell (mem. dec.)
Domestic relations. Affirms in part the Boone Superior Court’s denial of Brian and Cynthia Worrell’s respective motions regarding parenting time and child support. Finds the trial court did not err in denying father’s petition to restrict mother’s parenting time, ordering reimbursement of mother’s overpayment or not awarding father appellate attorney fees. However, finds the trial court did err in ordering father to pay $10,000 of mother’s attorney fees without conducting an analysis of the attorney fees each owed to the other. Remands for the trial court to undertake analysis and issue a modified order reflecting specifically how much mother owes father for attorney fees incurred because of her instances of contempt in 2015 and 2016 and subtracting that amount from the $10,000 in attorney fees father owes but has yet to pay.

In the Matter of A.L., Al.F., and As.F., Children in Need of Services, A.F., Mother v. Indiana Department of Child Services
Juvenile CHINS. Affirms the adjudication of mother A.F.’s children, A.L., Al.F. and As.F., as children in need of services. Finds that the evidence and reasonable inferences favorable to the juvenile court’s decision support the CHINS adjudication.

In re the Termination of the Parent-Child Relationship of:  K.M., Jr. (Minor Child), and K.L.M. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of mother K.L.M.’s parental rights to her minor child, K.M. Jr. Finds the Department of Child Services presented sufficient evidence to support the juvenile court’s order terminating mother’s parental rights to child. Also finds the order was not clearly erroneous.

Francis E. Lynn IV v. State of Indiana (mem. dec.)
Criminal. Affirms Francis Lynn’s three-year aggregate sentence for possession of cocaine and failure to register as a sex offender, both Level 6 felonies. Finds Lynn’s sentence is not inappropriate in light of the nature of the offenses and his character.

In the Matter of the Marriage of: Morgan S. Mayer a/k/a Morgan Sweet v. Jeffrey L. Mayer
Domestic relations with children. Reverses and remands the Dekalb Superior Court’s order granting father Jeffrey L. Mayer’s motion to modify custody with mother Morgan S. Mayer a/k/a Morgan Sweet. Finds the trial court abused its discretion in denying mother’s request for a continuance. Remands for a new hearing.

Cedric Woods v. Fitz Simon, Inc. d/b/a Bar 145, Halo Media, Inc., John Doe #1 Juan Escarbro, John #2 Phillip Johnson, and John Doe #3 Carlos Flores (mem. dec.)
Civil tort. Affirms the entry of summary judgment in favor of Fitz Simon Inc. d/b/a Bar 145 in a dispute with Cedric Woods. Finds that because the security guards’ actions were not foreseeable as a matter of law, Bar 145 did not owe a duty to Woods to prevent the security guards from assaulting him. Also finds Woods’ negligence action is not viable as a matter of law. Finally, finds the Allen Superior Court did not err in entering summary judgment in favor of Bar 145.

Carlos James Donnivan Perkins v. State of Indiana (mem. dec.)
Criminal. Affirms Carlos Perkins 10-year sentence, with two years suspended, and order to serve his executed time in the Indiana Department of Correction for conviction of Level 3 felony child molesting. Finds his sentence is not inappropriate.

Margaret E. Hobson v. State of Indiana (mem. dec.)
Criminal. Affirms the imposition of the balance of Margaret Hobson’s previously-suspended sentence following the revocation of her probation and community corrections placements. Finds the Parke Circuit Court did not abuse its discretion in ordering Hobson to serve the balance of her previously-suspended sentence in the DOC.

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