Opinions March 29, 2021

Indiana Court of Appeals

Brent C. Faulk v. Callie J. (Bissell) Faulk
20A-DC-1432
Domestic relations with children. Affirms and reverses in part the decree dissolving the marriage of Brent C. and Callie J. Bissell Faulk. Finds the Boone Superior Court erred in changing Brent and Callie Faulk’s child’s surname and in calculating mother’s income. Also finds the trial court did not err in calculating father’s income or in placing limits on his opportunities for additional parenting time. Remands with instructions to vacate the child’s surname change and to include the value of mother’s in-kind benefits in the calculation of her weekly gross income for child support purposes. Judge Patricia Riley concurs and dissents in part with separate opinion.

Kyle Jordon Estes v. State of Indiana
20A-CR-1921
Criminal. Affirms Kyle Estes’ conviction for Class B misdemeanor public intoxication. Finds the evidence demonstrated that Estes manifested an actual danger to himself within the meaning of Indiana Code § 7.1-5-1-3(a)(1).

Robyn N. Washburn v. William R. Washburn (mem. dec.)
20A-DC-527
Domestic relations with children. Affirms and reverses in part the order dissolving the marriage of Robyn and William Washburn. Finds the Warrick Superior Court did not abuse its discretion when it concluded that an equal division of the marital estate was just and reasonable or when it denied wife’s request for attorney fees. However, also finds the court erred in several respects with regard to valuation of the marital assets and debts and credits to husband for payments made during the provisional period. Remands with instructions to the trial court to make numerous corrections to its dissolution decree and to redistribute the marital estate to maintain equal division according to the appellate court’s opinion.

Millie J. White v. John Lee Nichols, DDS and John L. Nichols, DDS, PC (mem. dec.)
20A-MI-1705
Miscellaneous. Reverses the Vigo Superior Court’s order to redact certain information contained in Millie White’s submission to the medical review panel against dentist John Lee Nichols for dental malpractice pursuant to Nichols’ motion for preliminary determination. Finds the trial court erred in ruling on Dr. Nichols’ motion for preliminary determination and ordering the resolution letter to be redacted from White’s submission to the medical review panel.

Luekbra Tyrod Champion v. State of Indiana (mem. dec.)
20A-CR-1920
Criminal. Affirms Luekbra Champion’s conviction of Level 5 felony fraud on a financial institution. Finds sufficient evidence was presented to sustain Champion’s conviction, and Champion was not subjected to double jeopardy when the Hamilton Superior Court merged a forgery count into the fraud on a financial institution count.

In re the Termination of the Parent-Child Relationship of: R.C. and M.C. (Minor Children) and P.C. (Mother) v. Indiana Department of Child Services
20A-JT-1971
Juvenile termination of parental right. Affirms the involuntary termination of mother P.C.’s parental rights to her two minor children. Finds mother’s right to due process was not violated and the Department of Child Services presented sufficient evidence to support the juvenile court’s order terminating mother’s parental rights to her children. Also finds the order was not clearly erroneous.

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