Opinions Oct. 21, 2022

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Friday opinions
Court of Appeals of Indiana
In the Matter of A.C. (Minor Child), Child in Need of Services, and M.C. (Mother) and J.C. (Father) v. Indiana Department of Child Services
Juvenile CHINS. Affirms the Madison Circuit Court’s dispositional order after mother M.C. and father J.C. admitted that child A.C. is a child in need of services, and the trial court’s prior order on the combined initial and detention hearing. Finds the parents’ appeal of the initial/detention order is moot. Also finds the dispositional order is not clearly erroneous and does not violate the parents’ constitutional rights.

Terry Boyer v. City of Westfield, Indiana (mem. dec.)
Civil plenary. Affirms the denial of Terry Boyer’s motion to correct error, which challenged the denial of his motion for relief from judgment. Finds the evidence establishes that Boyer did not receive actual notice of the hearing on the merits of the city of Westfield’s complaint. However, also finds Boyer failed to make an additional prima facie showing of a meritorious defense to the city’s claims, as required for relief under Indiana Trial Rule 60(B)(1) or (8). Finally, finds the Hamilton Superior Court did not abuse its discretion when it denied Boyer’s motion for relief from judgment.

Bender Enterprises, LLC v. Duke Energy, LLC (mem. dec.)
Civil plenary. Affirms the overruling of Bender Enterprises LLC’s objections to Duke Energy Indiana LLC’s condemnation action to acquire an easement on Bender’s real estate. Finds Bender’s objections fail to state specific supporting factual allegations.

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