Search Results

Court of Appeals of Indiana
In Re: The Paternity of V.D.; Brittney Kozenko (Mother) v. Isaac Diaz (Father)
23A-JP-688
Juvenile paternity. Affirms the portion of the Carroll Circuit Court’s order denying mother Brittney Kozenko’s request to relocate to Utah with the parties’ child, but reverses the grant of primary physical custody to father Isaac Diaz. Finds sufficient evidence was presented to support the determination that relocation was not in the child’s best interests. Also finds the trial court clearly erred when it awarded primary physical custody to father. Remands with instructions to enter an order that reflects the trial court’s reconsideration and clarification of that issue and includes a determination regarding what physical custody award is in child’s best interests.

Court of Appeals of Indiana
Jeremy W. Kelly v. State of Indiana
23A-CR-1805
Criminal. Affirms Jeremy W. Kelly’s conviction of Level 2 felony voluntary manslaughter. Finds the Jay Circuit Court did not abuse its discretion when it refused to grant an attorney’s motion to withdraw on the morning of the sentencing hearing.

Indiana Supreme Court
Jennifer Pennington and Joshua Pennington v. Memorial Hospital of South Bend, Inc., d/b/a Beacon Health and Fitness, Spear Corporation, and Panzica Building Corporation
23S-CT-182
Civil tort. Affirms the St. Joseph Superior Court’s summary judgment order for Spear Corporation and Panzica Building Corporation. Reverses summary judgment for Beacon Health and Fitness. Finds Beacon was not entitled to summary judgment on any count, except as to the count regarding the single issue of the level of the water. Also finds some evidence that the risk of harm was foreseeable regarding the injury suffered by Jennifer Pennington, who collided with the corner of a swimming pool wall. Finally, finds the plaintiffs designated no admissible evidence that Spear or Panzica breached their professional duty of care. Remands for trial on all the claims against Beacon.