Opinions March 30, 2021

Indiana Court of Appeal
Clark County REMC v. Glenn Reis, Dale Bottorff, Jimmie Sanders, and Steve Stumler
Civil tort. Affirms the grant of summary judgment to Glenn Reis, Dale Bottorff, Jimmie Sanders and Steve Stumler on their breach of contract claim against Clark County REMC. Finds that because there was mutuality of obligation under a policy granting health insurance benefits to certain former directors of Clark County REMC, the Clark Circuit Court did not err by finding the policy to be a contract. Also finds the trial court’s ruling was not contrary to public policy. Judge L. Mark Bailey dissents with separate opinion.

Janice Steele and Kenneth Steele v. Steuben Lakes Regional Waste District 
Civil plenary. Majority affirms in part and reverses in part an order of the Steuben Superior Court ordering the Janice and Kenneth Steele to connect their property to a sanitary sewer system and pay the Steuben Lakes Regional Waste District $48,505 in costs — including more than $20,000 in attorney fees — after declining to allow an easement for sewer construction. Finds that the district must provide equipment even if the property owner refuses to voluntarily grant an easement. Also reverses the award of attorney fees. Judge L. Mark Bailey dissents on those issues and would remand for further development of the reasonableness of requested attorney fees.

James Parrish v. State of Indiana
Affirms James Parrish’s convictions of Level 2 felony robbery and three counts of Level 3 felony criminal confinement, the finding that he was a habitual offender, his conviction at a Hendricks Superior Court bench trial of committing a felony while a member of a criminal organization, and his 52-year sentence. Finds the state presented sufficient evidence to support Parrish’s convictions and a criminal-organization enhancement. Also finds Parrish has failed to establish a double jeopardy violation. Finally, finds Parrish has not met his burden to show that his sentence is inappropriate.

Michelle Daugherty v. State of Indiana (mem. dec.)
Criminal. Affirms Michelle Daugherty’s conviction in Warrick Superior Court of Class C misdemeanor operating a vehicle while intoxicated. Finds sufficient evidence to support Daugherty’s conviction.

In the Matter of the Adoptions of T.F.C., M.N.C., and T.P.C., Minor Children, C.M. v. K.J. and R.J. (mem. dec.)
Adoption. Affirms the denial of grandmother C.M.’s motion to continue the final adoption hearing for her grandchildren and motion to intervene in the adoption matters filed by foster parents K.J. and R.J. Finds C.M. was not entitled to notice of K.J. and R.J.’s adoption action because the children were in the care of the Indiana Department of Child Services and because she did not have custody of the children, so the Spencer Circuit Court did not abuse its discretion in denying her motion for a continuance. Also finds the trial court did not abuse its discretion by denying C.M.’s motion to intervene because she was not entitled to intervene. Finally, finds C.M. had actual notice that K.J. and R.J. had filed petitions to adopt the children.

Paul Oliver v. FLH Mill, LLC; Jeremy Ferree; and Crystal Ferree (mem. dec.)
Civil tort. Affirms and reverses in part the judgment setting aside Paul Oliver’s default judgments against FLH Mill LLC, Jeremy Ferree and Crystal Ferree. Finds the Greene Superior Court properly overturned the default judgment against Crystal but abused its discretion by doing the same for Jeremy and FLH. Orders the trial court to reinstate the default judgments against Jeremy and FLH.

G.M. v. State of Indiana (mem. dec.)
Juvenile. Affirms the juvenile dispositional order awarding custody of G.M. to the Indiana Department of Correction. Finds G.M. has not demonstrated an abuse of the Lake Superior Court’s discretion.

Timothy Wayne Henderson v. State of Indiana (mem. dec.)
Criminal. Affirms Timothy Wayne Henderson’s conviction of Level 6 felony residential entry. Finds the state’s evidence was sufficient to sustain Henderson’s conviction in Grant Superior Court.

Rebekah A. Atkins v. Lisa S. Holzbog, Lisa Ward, Dawn Wright, and Virginia Mclain (mem. dec.)
Miscellaneous. Affirms the denial of Rebekah Atkins’ petitions for writ of habeas corpus in Crawford Circuit Court. Finds that because Atkins has failed to present a cogent argument supported by citations to the record and relevant authorities, she has waived her arguments on appeal.

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