Court opinions

Court of Appeals of Indiana
In re the Paternity of C.R. Korey B. Ricciardi v. Christina Feiock (mem. dec.)
22A-JP-2255
Juvenile paternity. Reverses the Johnson Circuit Court’s order finding father Korey B. Ricciardi in contempt and any associated sanctions, including those related to makeup visits and that Ricciardi pay $1,500 to mother Christina Feiock’s attorney. Finds Ricciardi’s conclusion that Feiock was not entitled to midweek parenting time was not unreasonable. Also finds Ricciardi did not willfully disobey the court’s order. Finally, finds Ricciardi has demonstrated prima facie error.

Court of Appeals of Indiana
David Kelly v. Paul Goldberg and The Crown Hill Cemetery d/b/a Crown Hill Cemetery (mem. dec.)
22A-CT-2266
Civil tort. Reserves the Marion Superior Court’s order granting Paul Goldberg’s Verified Motion to Set Aside Default Judgment. Finds the trial court abused its discretion in granting Goldberg relief under Trial Rule 60(B). Remands with instructions to reinstate default judgment in favor of David Kelly.

Court of Appeals of Indiana
Raylu Enterprises, Inc. v. City of Noblesville, Indiana
22A-PL-2243
Civil plenary. Affirms the Hamilton Superior Court decision to grant the city of Noblesville’s motion to strike an inverse-condemnation claim made by Raylu Enterprises Inc. against the city. Finds the trial court did not abuse its discretion in striking Raylu’s inverse-condemnation counterclaim.

Court of Appeals of Indiana
Darin M. Haberkorn v. State of Indiana
22A-CR-2150
Criminal. Affirms Darin Haberkorn’s conviction of Class B misdemeanor harassment. Finds sufficient evidence supports Haberkorn’s harassment conviction. Also finds the Allen Superior Court did not commit fundamental error in instructing the jury.

Court of Appeals of Indiana
Matthew Joseph Frazier, Jr. v. State of Indiana (mem. dec.)
22A-CR-686
Criminal. Affirms Matthew Frazier’s conviction of attempted residential entry. Finds the state presented sufficient evidence in the Marion Superior Court to support Frazier’s conviction.

Court of Appeals of Indiana
Posterity Scholar House, LP v. FCCI Insurance Company
21A-PL-2731
Civil plenary. Affirms the Allen Superior Court’s grant of FCCI Insurance Company’s motion for partial summary judgment as to Posterity Scholar House’s tortious bad faith claim. Finds the relationship between a surety and its bond obligee does not reflect the “special relationship” on which the Indiana Supreme Court relied in Erie Ins. Co. v. Hickman, 622 N.E.2d 515 (Ind. 1993). Dismisses Posterity’s appeal of the trial court’s denial of its motion for partial summary judgment as to its breach of contract claim. Finds the Court of Appeals lacks jurisdiction over the breach of contract appeal.