Opinions May 5, 2020

Indiana Court of Appeals
Blake B. Hartman v. BigInch Fabricators & Construction Holding Company, Inc.
Civil plenary. Reverses the Parke Circuit Court’s summary judgment in favor of BigInch Fabricators & Construction Holding Company. Finds that as a matter of law, the value of shares under the buyback provision in the Shareholder Agreement, which required the appraised market valuation, cannot be discounted for lack of marketability and control when BigInch is required to purchase the shares. Judge Elizabeth Tavitas concurs in part and dissents in part with separate opinion.

Kathleen Burdick and Bruce Burdick, Individually, and as Husband and Wife v. Julie Romano
Civil tort. Affirms a ruling in favor of Julie Romano against Kathleen Burdick after Burdick sued Romano following a horse riding-related injury she sustained. Finds the Lake Circuit Court did not abuse its discretion in finding that Burdick and Romano were engaged in a sporting activity and that Burdick was required to show that Romano was reckless, not merely negligent. Affirms the trial court’s decision to refuse Burdick’s tendered instructions on negligence, but instruct on the inherent risks of equine activity. Lastly, finds no abuse of the trial court’s discretion when it read the incurred risk instruction to the jury.

John Yeager v. State of Indiana
Criminal. Reverses the Jefferson Circuit Court’s denial of John Yeager’s motion to reduce his $250,000 cash-only bail for conviction of four Level 3 felony offenses associated with his battery of a minor. Finds the that the trial court abused its discretion in denying Yeager’s motion, based on his presented evidence of substantial mitigating factors showing that he recognizes the court’s authority to bring him to trial and there is no evidence that Yeager poses a risk to the physical safety of the victim or the community. Remands with instructions that Yeager be released to pretrial supervision with the added condition of electronic monitoring.

In Re the Marriage of: Crystal Couture Moore v. Alan J. Couture (mem. dec.)
Domestic relation. Reverses and remands with instructions for the trial court to issue an order classifying the marital tort and judgment as an intentional battery which resulted in a willful and malicious injury by Alan Couture to Crystal Couture Moore. Finds that the trial court abused its discretion in finding that Wife waived her right to assert that relitigation was barred by res judicata and that it should have clarified for the Bankruptcy Court that the judgment was not dischargeable.

Robert J. Baldwin v. State of Indiana (mem. dec.)
Criminal. Affirms Robert Baldwin’s aggravated 65-year sentence for his murder conviction. Holds that the trial court properly took into account Baldwin’s guilty but mentally ill plea, and appropriately identified the aggravating circumstances in pronouncing Baldwin’s sentence. Judge Paul Mathias concurs in a separate opinion.

In the Termination of the Parent-Child Relationship of: B.C.C., S.C. and B.C. (Minor Children), And H.D. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the termination of H.D.’s parental rights to her minor children, B.C.C., S.C., and B.C. Finds that the trial court did not abuse its discretion by denying mother’s motion to dismiss; and that the Department of Child Services presented sufficient evidence to support the trial court’s order terminating mother’s parental rights to the children.

M.R. v. Indiana University Health Bloomington Hospital (mem. dec.)
Mental health. Dismisses M.R.’s appeal of his temporary involuntary commitment at Indiana University Health Bloomington Hospital. Finds M.R.’s period of temporary involuntary commitment has expired and the appellate court cannot provide effective relief. Finds the matter is therefore moot.

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