Opinions — May 20, 2022

Court of Appeals of Indiana
The City of Bloomington, Indiana, et al. v. Andrew Guenther, et al.  
21A-MI-2600
Miscellaneous. Reverses the Monroe Circuit Court’s determination that Andrew Guenther was entitled to the vacant citizen member seat on the City of Bloomington’s Plan Commission and its order for Christopher Cockerham to vacate the seat. Finds the trial court’s decision was clearly erroneous. Also finds Cockerham was validly appointed to the commission and may continue his service.

Michael D. Hickingbottom v. Charles Dugan, et. al. (mem. dec.)
21A-CT-2085
Civil tort. Affirms the denial of a motion to correct error filed by inmate Michael D. Hickingbottom after the Sullivan Circuit Court denied his third request for an extension of time to respond to the Indiana Department of Correction’s motion for summary judgment, and the subsequent grant of summary judgment. Finds Hickingbottom’s argument under Indiana Trial Rule 56(I) fails. Also finds Hickingbottom failed to meet his burden to show that he timely delivered his third request to prison authorities. Finally, finds the denial of Hickingbottom’s third request was not contrary to Trial Rule 6(B).

Cornelius Redmond v. Review Board of the Indiana Department of Workforce Development (mem. dec.)
21A-EX-1780
Agency action. Affirms the decision of the Review Board of the Indiana Department of Workforce Development affirming an administrative law judge’s denial of pandemic unemployment benefits for Cornelius Redmond. Finds Redmond was not denied his due process right to a fair hearing. Concludes Redmond has not demonstrated error by the review board’s adoption of the ALJ’s findings of fact and dismissal of Redmond’s appeal of the claim investigator’s decision.

Vanessa Dale Brown v. Marion County Auditor and Marion County Treasurer (mem. dec.)
21A-TP-2148
Petition for tax deed. Affirms the Marion Circuit Court’s denial of Vanessa Dale Brown’s request to set aside the grant of a tax deed in favor of the Marion County auditor and treasurer and S&C Financial Group LLC. Finds the trial court properly denied Brown’s motion to set aside the grant of a tax deed. Judge Margret Robb concurs in result with separate opinion.

Jason Tye Myers v. Indiana Bureau of Motor Vehicles (mem. dec.)
21A-MI-2307
Miscellaneous. Dismisses Jason Tye Myers’ appeal of the dismissal of his petition for judicial review seeking to have his driving suspension rescinded. Finds the issue presented is moot because Myers’ driver privileges were reinstated in March 2022 when his 10-year suspension was lifted.

In the Termination of the Parent-Child Relationship of C.S. & Do.S. (Minor Children), and Du.S. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-2497
Juvenile termination of parental rights. Affirms the termination of parental rights of father Du.S.’s parental rights to children C.S. and Do.S. Finds the evidence was sufficient. Also finds Du.S. didn’t challenge either of the two elements of the relevant statute regarding the relationship posing a threat to the children’s well-being, so the appellate court won’t consider that argument. Finally, finds the Madison Circuit Court’s findings support its conclusion that there is a satisfactory plan for C.S.’s care and treatment following the involuntary termination of Du.S.’s parental rights.

 In Re the Termination of the Parent-Child Relationship of: J.B. (Child) And A.B. (Mother) and B.R. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-2667
Juvenile termination of parental rights. Affirms the termination of mother A.B.’s parental rights to minor child J.B. Finds the Department of Child Services presented sufficient evidence to support the termination.

Darin Reynolds v. State of Indiana (mem. dec.)
21A-CR-2720
Criminal. Affirms Darin Reynolds’ sentence to eight years in the Department of Correction, with six years executed and two years suspended to probation, for Level 4 felony child molesting. Finds Reynolds waived his right to appeal the sentence. Also finds the sentence is appropriate in the light of the offense and Reynolds’ character.

In the Matter of the Termination of the Parent-Child Relationship of C.P., Father, B.W., Mother, and L.P. and C.W., Minor Children, C.P. and B.W. v. Indiana Department of Child Services (mem. dec.)
21A-JT-2773
Juvenile termination of parental rights. Affirms the termination of father C.P and mother B.W.’s parental rights to children L.P. and C.W. Finds the juvenile court made sufficient findings to terminate the parental rights, and those findings are supported by the evidence. Also finds the parents have failed to show that their due process rights were violated.

Dillon Clem v. State of Indiana (mem. dec.)
21A-CR-124
Criminal. Affirms Dillon Clem’s three-year prison sentence for Level 5 felony failure to register as a sex offender. Finds Clem knowingly and voluntarily waived the right to challenge the appropriateness of his sentence on appeal. Also finds the trial court’s statement that Clem had to right to appeal “the part of the sentence imposed by the Court (one (1) year)” was erroneous.

Richard F. Ashley, Jr. v. Caitlin Ashley (mem. dec.)
21A-DR-2014
Domestic relations. Reverses the grant of a motion to correct error, filed by wife Caitlin Ashley after the Marion Superior Court granted husband Richard F. Ashley Jr.’s motion for relief from judgment in their dissolution proceedings. Finds the trial court abused its discretion when it granted Caitlin’s motion to correct error and vacated the court’s judgment on Richard’s motion for relief from judgment under Indiana Trial Rule 60(A). Remands with instructions to reinstate the order granting Richard’s motion for relief from judgment and reinstate the amended order as a judgment of the court.

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