Opinions July 7, 2021

Indiana Court of Appeals

Craig Blackwell v. Superior Safe Rooms, LLC, et al.
Civil plenary. Reverses the denial of Craig Blackwell’s motion to pierce judgment of defendant’s – Superior Safe Rooms, LLC – corporate veil and hold garnishee defendants – Superior, Wharff Excavating, LLC, Michael M. Wharff, and John H. Byers –liable for plaintiff’s judgment. Finds the Hendricks Circuit Court erred when it failed to find as a fact that the contract for the safe room was between Blackwell and Superior, failed to make necessary findings, as requested by Blackwell, about factors relevant to disregarding Superior’s corporate form. Also finds the trial court clearly erred in concluding “Blackwell presented no evidence that any of the Aronson vs. Price, 644 N.E.2d 864, 867 (Ind. 1994)… factors CAUSED [his] damages.”

Termination: A.H., et al. v. Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the termination of parental rights for A.H. and G.H. to their four children. Finds that even if the juvenile court erred by holding Father in contempt, given the amount of evidence that the Franklin juvenile court relied on in reaching its determination, it did not fundamentally undermine the proceeding’s fairness. Finds Mother’s request is simply a request to reweigh the evidence, which the court declines to do.

Cynthia Rossner, et al. v. South Bend Orthopaedics, et al. (mem. dec.)
Civil tort. Affirms the St. Joseph County Superior Court’s grant of summary judgment in favor of South Bend Orthopaedics and Dr. Julie Ortega-Schmitt based on Cynthia Rossners’ failure to designate expert testimony to refute the unanimous medical review panel’s opinion in favor of SBO Defendants and Dr. Ortega-Schmitt. Finds the trial court did not err when it granted summary judgment because the Rossners were required to submit expert testimony and did not do so.

Paternity: Amanda L. Smith v. Andrew Ellermann (mem. dec.)
Juvenile paternity. Affirms the denial of Amanda Smith’s motion to modify custody of her child with Father, Andrew Ellermann, the denial of her request for a midweek overnight, and the increase of her child support obligation. Finds the Vanderburgh Superior Court did not abuse its discretion regarding Father’s decision to relocate to Knox County or in its modification of Mother’s custody, child support obligations, and parenting time.

Termination: K.F. v. Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the involuntary termination of K.F.’s parental rights to C.W. and A.W. Finds Mother’s challenge to certain trial court findings fails because those reiterations of witness testimony were adopted by the Madison Circuit Court as fact based on other statements in the trial court’s order. Also finds the unchallenged findings supported its conclusion that the conditions under which Children were removed from Mother’s care would not be remedied.

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