Indiana Court of Appeals
Marlo Harris v. Joe Jones, Jr., and Allstate Insurance Company
Civil tort. Reverses the Lake Superior jury verdict awarding Marlo Harris $10,000 in damages, minus $1,000 in attorney fees the trial court entered against her because the verdict was less than a qualified settlement offer resulting from claims alleging injuries resulting from a car crash. Finds the trial court abused its discretion by issuing an unwarranted jury instruction regarding Harris’ failure to mitigate her damages. Remands for a new trial on damages.
Reeda Short and The Short Irrevocable Trust, Ronald Short, Trustee v. Sandra K. Johnson and K. Diane Pennington (mem. dec.)
Civil plenary. Affirms the dismissal of an action brought by Reed Short and the Short Irrevocable Trust, Ronald Short, Trustee, against Sandra K. Johnson and K. Diane Pennington for specific performance of a land sale contract between the trust and their now-deceased mother, and for damages related to Johnson and Pennington’s actions as attorneys in fact concerning mother’s bank accounts. Finds the claims are barred as res judicata.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of L.R. (Minor Child) and M.C. (Mother) and S.R. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the Elkhart Circuit Court order terminating mother M.C. and father S.R.’s parental relationship with L.R., finding the parents failed to meet their burden of establishing that the trial court clearly erred.
Birt Ford v. State of Indiana (mem. dec.)
Post-conviction. Affirms the Allen Superior Court’s denial of Birt Ford’s petition for post-conviction relief. Finds that none of Ford’s 11 claims have merit.
Rodney D. Jacobs, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms the five-year executed sentence imposed on Rodney Jacobs Jr. after he was convicted in Putnam Circuit court of Level 4 felony sexual misconduct with a minor. Finds the sentence is not inappropriate.
In re the Involuntary Termination of the Parent-Child Relationship of: D.P., Jr. (Minor Child), and D.P., Sr. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of father D.P. Sr.’s parental rights to his son, D.P. Jr. Finds the evidence presented in Tippecanoe Superior Court was sufficient to support the determinations that the conditions that led to D.P. Jr.’s removal and continued placement outside D.P. Sr.’s home will not be remedied and that termination of parental rights was in the child’s best interests.
Phyllis I. Maschino v. Tex Anna Wayt and Edward Wayt (mem. dec.)
Civil plenary. Affirms the dismissal of Phyllis I. Maschino’s complaint to foreclose on a judicial lien in an action separate from that which gave rise to the judicia lien. Finds the dismissal of Maschino’s complaint was proper.