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Robert A. Rosenbourgh v. State of Indiana
24A-CR-1576
Criminal. Affirms the La Porte Superior Court’s revocation of Robert Rosenbourgh’s probation and execution of the remainder of his suspended sentence for dealing in methamphetamine as a Level 4 felony. Finds Rosenbourgh was provided sufficient notice of his probation violation allegations such that his right to due process was not violated, and the trial court did not abuse its discretion by revoking Rosenbourgh’s probation or by executing the balance of Rosenbourgh’s sentence. Attorney for appellant: Jessica Merino. Attorneys for appellee: Attorney General Todd Rokita, Brandon Smith.
Rick Lawson and MGM Automotive Repair, Inc. v. Kasia M. McClendon-Campbell, as guardian of Cecil McClendon, Jr.
25A-CT-182
Civil tort. Affirms the Lake Superior Court’s denial of Rick Lawson and MGM Automotive Repair’s two post-trial motions for judgment notwithstanding the verdict and a motion for remittitur. Finds the trial court did not abuse its discretion in denying Lawson and MGM’s motion for judgment notwithstanding the verdict. Also finds the evidence amply supports a $3.7 million jury award for Cecil McClendon’s pain and suffering. Attorney for appellants: Tiernan Kane. Attorneys for appellee: Brian Custy, Andrew Brown.
Thomas F. Noons and Raymond W. Sanders v. First Merchants Bank
25A-CC-419
Civil collections. Reverses the Fayette Superior Court’s order granting summary judgment in favor of First Merchants Bank in its foreclosure action. Finds that as Thomas Noons and Raymond Sanders had until Dec. 9, 2024 to either file a response, request a continuance or extension of time under Trial Rule 56(I), or file an affidavit under Trial Rule 56(F), the trial court’s grant of summary judgment on December 6 was premature. Also finds the trial court erred in granting summary judgment in favor of First Merchants and in denying the guarantors’ motion to correct error. Remands to the trial court for further proceedings. Attorney for appellants: R. Brian Woodward. Attorneys for appellee: Paul Carroll, Nicholas Bohney.
Bethany Cingel v. Gregory Ferreri
25A-DC-500
Domestic relations with children. Affirms the Kosciusko Superior Court’s order awarding joint legal custody to Bethany Cingel and Gregory Ferreri, Ferreri primary physical custody of their two children, and the court’s denial of Cingel’s request to relocate with the children. Also affirms the court’s denial of Cingel’s subsequent motion to correct error. Finds Cingel has waived her argument due to her significant noncompliance with Indiana Appellate Rule 46 and, waiver notwithstanding, Cingel’s arguments are without merit. Appellant pro se: Bethany Cingel. Attorneys for appellee: Elizabeth Deckard, Delaney Mayer.
In re the Adoption of Au.S. and Am.S. (Minor Children), M.Q. and N.G. v.
M.W. III and B.R.
25A-AD-1046
Adoption. Reverses the Kosciusko Superior Court’s denial of M.Q. and N.G.’s motions to intervene and correct error, which alleged the adoptions of Au,S. and Am.S. by M.W. II and B.R. should be set aside in light of the preexisting and still-pending custody cases, Finds that the grandparents should have been allowed to intervene in the adoption proceedings pursuant to Indiana Trial Rule 24(B)(2). Remands with instructions for the adoption court to allow the grandparents’ permissive intervention and to consider the motions to correct error. Finds that when a jurisdictional priority problem arises in a proceeding concerning custody of a child, that jurisdictional priority problem presumptively qualifies as a potential ground for permissive intervention under Trial Rule 24(B)(2). Judge Elizabeth Tavitas concurs with separate opinion. Attorneys for appellant: Nancy McCaslin, James McCaslin. Attorneys for appellee: Katherine Ridenour, Andrew Goeglein.
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