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Opinions Jan. 27, 2015 ILD

Not For Publication Opinions
Stacey E. Schwarz v. Richard Schwarz and Lisa Schwarz (Mem. Dec.)
02A03-1407-CT-239
Civil tort. Affirms grant of summary judgment in favor of Richard and Lisa Schwarz.

In the Matter of G.F., a Child in Need of Services, S.F. (Father) v. Ind. Dept. of Child Services (Mem. Dec)
79A02-1405-JC-373
Juvenile. Affirms determination that G.F. is a child in need of services.

In the Matter of the Termination of the Parent-Child Relationship of S.L., a Child and A.W., the Child's Mother v. The Indiana Department of Child Services (Mem. Dec.)
25A05-1407-JT-309
Juvenile. Affirms termination of parental rights.

Michael Grantland v. Office of Clark County Treasurer, David Reinhardt and Office of Clark County Recorder, Richard Jones (Mem. Dec.)
10A01-1409-MI-421
Miscellaneous. Affirms dismissal of Grantland’s lawsuit.

In Re: The Paternity of R.R., J.R. (Father) v. T.G. (Mother) (Mem. Dec)
54A05-1407-JP-325
Juvenile paternity. Divided panel reverses and remands trial court order modifying parenting time after a contempt hearing, expanding visitation for mother. Majority holds father established prima facie error in the trial court’s order on mother’s motion for contempt because there were conflicting orders regarding visitation supervision and father had no notice that parenting-time modification would be considered at the contempt hearing. Dissenting Judge Terry Crone would affirm the trial court in all respects, finding father knew mother’s contempt motion was about his alleged denial of visitation and that the court had worked extensively and sincerely with the parties.

Rong Fan v. Summerlakes Property Owners Association, Inc. (Mem. Dec.)
29A05-1405-PL-219
Civil plenary. Affirms in part, reverses in part and remands a judgment in favor of Summerlakes. Affirms judgment and remands to trial court for recalculation of legal fees awarded to Summerlakes.

 

Opinions Jan. 27, 2015

Indiana Court of Appeals
Christopher Tiplick v. State of Indiana
Criminal. On interlocutory appeal, reverses denial of Tiplick’s motion to dismiss 11 of the 18 counts in an indictment against him alleging Class C felony charges of dealing in a lookalike substance and Class D felony possession of or dealing in a synthetic drug commonly referred to as spice. A divided panel held the statutes governing synthetic drug charges are unconstitutionally vague based on the definition of “synthetic drug” in I.C. § 35-31.5-2-321(9). Writing Judge Melissa May and concurring Judge James Kirsch held the trial court erred in failing to dismiss charges based on possession of a substance specified as a synthetic drug by a pharmacy board emergency rule but not specifically by statute. Dissenting Judge L. Mark Bailey would affirm the trial court, writing that laws and regulations were not so complex or overly broad as to preclude a person of ordinary intelligence from having notice of the criminal nature of the sale of XLR11 on the basis of vagueness. 

Abrams: Reminiscing

2014 was an unbelievably good year. Lots of achievements by the IndyBar worthy of cheer.

IndyBar: National Purchasing Partners: Big Savings, Bigger Impact

IndyBar members now have the benefit of discounts on travel, office supplies, cellular devices and plans and much more through a new agreement with National Purchasing Partners (NPP), a group purchasing organization (GPO) created to leverage the purchasing power of a group of businesses to obtain discounts from world class vendors.

On The Move – 1/28/15

Read who’s recently joined a new firm, become partner or been appointed to serve on a board.

House panel backs new rules after nursing home scandal

An Indiana House committee has endorsed tighter rules on the conduct of lawmakers in the wake of an ethics investigation of a top Republican who fought privately to defeat legislation that would have hurt his family's business.