Opinions Nov. 23, 2021

Keywords Opinions

Court of Appeals of Indiana
Joshua Payne-Elliott v. Roman Catholic Archdiocese of Indianapolis, Inc.
21A-CP-936
Civil plenary. Reverses the dismissal with prejudice of Joshua Payne-Elliott’s complaint for damages against the Roman Catholic Archdiocese of Indianapolis Inc. Finds the Marion Superior Court committed reversible error in summarily dismissing Payne-Elliott’s complaint for lack of subject matter jurisdiction pursuant to Indiana Trial Rule 12(B)(1), failing to treat the Archdiocese’s motion to dismiss for failure to state a claim upon which relief can be granted, pursuant to Trial Rule 12(B)(6), as a motion for summary judgment, and dismissing Payne-Elliott’s complaint with prejudice. Remands for further proceedings.

John Edward Taylor, II v. Candida Louise Taylor (mem. dec.)
21A-DC-528
Domestic relations with children. Affirms the Clark Circuit Court’s determination that father John Edward Taylor II will be responsible for paying a portion of J.T.’s post-secondary educational expenses but reverses the denial of Taylor’s petition to terminate child support. Finds the trial court erred in denying Taylor’s petition to terminate child support. Remands with instructions for the trial court to enter an ordering terminating Taylor’s child support effective Sept. 12, 2020, and recalculating any arrearage.

Petersons Home Improvements, Inc. v. Michael L. Einterz, Jr. (mem. dec.)
21A-PL-946
Civil plenary. Affirms the grant of summary judgment for Michael L. Einterz Jr. in a dispute with Petersons Home Improvements Inc. Finds the Hamilton Superior Court did not err in granting summary judgment to Einterz on the claim of malicious prosecution. Declines to assess appellate damages.

Timothy N. Hatton v. State of Indiana (mem. dec.)
21A-CR-1095
Criminal. Affirms the denial of Timothy Hatton’s motion to correct the abstract of judgment. Finds Hatton is required to present his claim that he was improperly classified as a credit restricted felony by way of a successive petition for post-conviction relief, so the Marshall Superior Court properly denied his motion to correct the abstract of judgment. Judge Leanna Weissmann dissents with separate opinion.

In re the Termination of the Parent-Child Relationship of C.R.J. and C.P.J. (Minor Children) and A.F. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JT-1251
Juvenile termination of parental rights. Affirms the termination of mother A.F.’s parental rights to her twin children. Finds A.F. did not establish good cause in support of her motion to continue the fact-finding hearing or that she was prejudiced by the denial.

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