Opinions Oct. 13, 2021

Keywords Opinions

Indiana Court of Appeals

Dexter Eastridge v. Estate of Richard Rayles
Civil plenary. Affirms Crawford Circuit Court’s denial of a motion to set aside default judgment. Finds Dexter Eastridge waived his right to arbitration after failing to respond to the estate’s motion to compel arbitration. Finds the trial court didn’t abuse its discretion by entering default judgment.

Horizon Bank v. Fabian Huizar
Civil Tort. Affirms Horizon Bank did breach the peace and Fabian Huizar judicially admitted Horizon was not a debt collector under the Fair Debt Collection Practices Act. Finds the Tippecanoe Circuit Court did not err in determining Horizon was liable under the Deceptive Consumer Sales Act but also did not err by failing to award emotional distress damages under that provision. Holds the trial court did not err by failing to grant nominal damages under the Crime Victims Relief Act or by reducing Huizar’s Indiana Uniform Commercial Code damages by the deficiency judgment. Rules the trial court did err by awarding attorney’s fees under the IUCC and CVRA but did not abuse its discretion in determining a reasonable hourly rate for attorney’s fees under the DCSA. Reverses the award of attorney’s fees under the IUCC and CVRA. Remands with instructions that the trial court award Huizar attorney’s fees only for hours attributable to his DCSA claim, specifically that Horizon breached the peace.

Roncia Latoy Fletcher v. State of Indiana (mem. dec.)
Criminal. Affirms the deprivation of 90-days of Roncia Latoy Fletcher’s credit time for her conviction of Class C felony battery resulting in serious bodily injury as well as the Lake Superior Court’s expulsion of Fletcher from community corrections. Finds the Indiana Administrative Code grants community corrections personnel such power to deprive program participants of credit time. Also finds the trial court acted within its authority to honor the deprivation.

Douglas Reaves v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Douglas Reaves’ petition seeking modification of his 60- and 40-year consecutive sentences for his 1987 convictions of felony murder and Class A felony robbery resulting in serious bodily injury. Finds the Dearborn Circuit Court did not abuse its discretion in denying Reaves’ petition for modification of his sentence because he filed the petition more than 365 days after he was sentenced and the state did not consent to modification.

K.W. v. Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the termination of K.W.’s parental rights to her minor child, C.G. Finds the Department of Child Services presented sufficient evidence to support the Jennings Circuit Court’s order termination of the mother’s parental rights to the child.

Roosevelt Smith v. Rush Staffing (mem. dec.)
Civil plenary. Affirms the Madison Circuit Court’s judgment in favor of Rush Staffing against Roosevelt Smith. Finds Smith’s failure to provide any citation to the trial court record impedes the appellate court’s ability to provide meaningful appellate review of any of his issues. Thus, finds the COA is unable to review the merits of Smith’s arguments on appeal and concludes his arguments are waived.

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