Opinions March 11, 2021

The following 7th Circuit Court of Appeals opinion was posted after IL Deadline Wednesday:
Kevin Pack v. Middlebury Community Schools
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon R. Leichty.
Civil. Affirms summary judgment for Middlebury Community Schools in fired teacher Kevin Pack’s lawsuit alleging the schools violated a confidentiality agreement entered into to settle his prior suit over his termination. Finds that even accepting the facts in the light most favorable to Pack, MCS in entitled to judgment as a matter of law.

Thursday opinions
Indiana Court of Appeals
In the Matter of the Estate of Dean C. Kreiger, Deceased, Jerry J. Finton, Jr. v. Nancy Wigent, Administrator of the Estate of Dean C. Kreiger, Deceased
Civil plenary. Reverses the grant of summary judgment to Nancy Wigent, administrator of the Estate of Dean Kreiger in a will contest brought by Jerry Finton Jr. Finds the Huntington Circuit Court abused its discretion when it failed to grant Finton’s motion pursuant to Indiana Trial Rule 56(F).

Kendall Harlson v. Tech Motors and Geico Insurance (mem. dec.)
Small claims. Affirms the small claims judgment in Washington Township of Marion County in favor of Tech Motors on Kendall Harlson’s complaint alleging damage to his vehicle. Finds the small claims court did not clearly err.

C.C. (Mother) v. F.W. (Father) (mem. dec.)
Juvenile paternity. Affirms the entry of a personal judgment in the amount of $37,100 against mother C.C. and in favor of father F.W. Finds the doctrine of laches does not operate to preclude F.W.’s claim for reimbursement of his overpaid child support. Also finds C.C.’s unjust enrichment claim is unavailing. Finally, finds the Marion Circuit Court did not abuse its discretion in order C.C. to reimburse F.W. for involuntary child support overpayments. Judge Margret Robb dissents with separate opinion.

Diamond Z. Wittlief v. Tom F. Hirschauer, III (mem. dec.)
Domestic relations. Affirms the modification of legal custody over Diamond Z. Wittlief and Tom F. Hirschauer III’s minor child and modification of Hirschauer’s child support obligation. Finds the dissolution court did not err when it denied Wittlief’s Trial Rule 76 motion for change of judge because she did not timely file her motion. Also finds Wittlief has not demonstrated that the court committed reversible error when it denied her motion to dismiss Hirschauer’s counterpetition for custody, nor did she demonstrate error when it calculated Hirschauer’s child support obligation. Finally, finds the court did not abuse its discretion when it admitted a doctor’s report as evidence

Panzica Building Corporation, Spear Corporation, and Memorial Hospital of South Bend, Inc., d/b/a Beacon Health and Fitness, Jennifer Pennington and Josh Pennington v. Design Organization, Inc. (mem. dec.)
Civil tort. Affirms the grant of summary judgment in favor of Design Organization Inc. and against Panzica Building Corporation, Memorial Hospital of South Bend d/b/a Beacon Health and Fitness, Spear Corporation, and Josh and Jennifer Pennington. Finds no genuine issues of material fact exist and Design Org is entitled to judgment as a matter of law, so the St. Joseph Superior Court did not err in entering summary judgment.

Zachery Littleton v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Zachery Littleton’s probation and 365 days of his suspended sentence. Finds the Ripley Superior Court did not err.

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