Court opinions

Indiana Court of Appeals
Bart M. Betteau v. Robert Headrick and Karen Headrick (mem. dec.)
18A-MI-2610
Miscellaneous. Affirms the Floyd Superior Court’s ruling that Robert and Karen Headrick are owners of an easement allowing use of a gravel driveway that runs across Bart Betteau’s property. Finds the Headricks have a right to use the gravel driveway along the path it followed at the time the Headricks and Betteau took title to their respective properties. Also finds the trial court did not err in assessing the Headricks and Betteau each half the maintenance cost for the portion of the gravel driveway that is utilized by both parties.

Indiana Court of Appeals
James A. Ringley v. Caliber Home Loans, Inc. (mem. dec.)
19A-MF-782
Mortgage foreclosure. Affirms the Hamilton Superior Court’s order denying James Ringley’s motion to set aside the judgment entered in favor of Caliber Home Loans, Inc. Finds the trial court did not abuse its discretion when it denied Ringley’s motion to set aside the judgment in favor of Caliber.

Indiana Court of Appeals
Termination: A.B., et al. v. Indiana Department of Child Services
19A-JT-00487
Juvenile termination. Affirms the Steuben Circuit Court did not abuse its discretion in admitting drug test evidence from parents A.B. and J.R. Finds there is sufficient evidence to support the termination of the parent-child relationships with their children K.R., J.T.R., J.L.R., and E.R.  Finds there is a reasonable probability that the conditions that resulted in the children’s removal will not be remedied.

Indiana Court of Appeals
Kurt McElroy v. State of Indiana
18A-CR-2930
Criminal. Affirms the Marion Superior Court’s denial of Kurt McElroy’s motion to suppress the evidence of marijuana and a handgun found during a search of his home. Finds McElroy’s Fourth Amendment rights were not violated by the officers’ search of the common areas of the residence, specifically the kitchen, and the subsequent seizure of the handgun. Likewise, finds the officers did not violate his state constitutional rights.

Indiana Court of Appeals
Feather Trace Homeowners Association, Inc. v. Donald R. Luster
19A-SC-300
Small claims. Reverses the Marion Superior Small Claims Court’s judgment in favor of homeowner Donald Luster against the Feather Trace Homeowners Association. Finds no cases holding that abrogation of homeowner association dues and assessments is the appropriate remedy for an owner’s dissatisfaction with the way an HOA is performing or the conditions or quality of the neighborhood and its amenities. Remands with instructions to enter judgment in favor of the HOA and to calculate the amount owed by Luster.

The following opinions were posted after IL deadline Friday.
7^th Circuit Court of Appeals
Donald Wayne Bush v. USA
16-3244
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Vacates the Southern District Court’s decision due to its basis on an “erroneous jurisdictional view.” Finds that although the bankruptcy judge was right to hold that he had authority to resolve the tax dispute between Donald and Kimberly Bush and the United States while the Bushes’ bankruptcy was ongoing, the exercise of that authority was no longer appropriate. Remands with instructions to remand to the bankruptcy judge for the entry of an order under §1334(c)(1), marking the final step in the Bushes’ bankruptcy proceedings.