Court opinions

Court of Appeals of Indiana
Cyrille J. Catellier v. Tim K. Catellier, Eli Catellier, Allie Grigsby, and Bobbie Baldwin (mem. dec.)
21A-CP-1243
Civil plenary. Affirms the denial of Cyrille J. Catellier’s motion to correct error, filed following the Hendricks Circuit Court’s denial of his motion for relief from judgment, which challenged the order enforcing a mutual release, covenant not to sue and settlement agreement between Cyrille, Tim Catellier and Bobbie Baldwin. Finds the trial court did not abuse its discretion when it denied Cyrille’s motion for relief from judgment because he did not raise a meritorious claim or defense, and thus the trial court did not abuse its discretion when it denied Cyrille’s motion to correct error. Judge Elaine Brown dissents with separate opinion.

7^th Circuit Court of Appeals
Instituto Mexicano del Seguro Social v. Zimmer Biomet Holdings, Inc.
21-1224
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon R. Leichty.
Civil. Affirms the Northern Indiana District Court’s ruling, granting the motion to dismiss filed by Zimmer Biomet Holdings Inc. Finds the district court did not abuse its discretion in dismissing the case for forum non conveniens because the Mexican courts presented a viable alternative forum and the bulk of the witnesses and evidence are located in Mexico. Also finds Instituto Mexicano del Seguro Social’s argument regarding the United Nations Convention Against Corruption fails because Congress did not implement the treaty.

Court of Appeals of Indiana
Latuwan Anthony Partee v. State of Indiana
21A-CR-1529
Criminal. Affirms Latuwan Partee’s conviction and 27 ½-year aggregate sentence for dealing in cocaine, a Level 2 felony, and possession of marijuana, a Class B misdemeanor, along with being found to be a habitual offender. Finds the Marion Superior Court did not commit fundamental error by failing to explicitly tell the defendant he could be present at his own trial if he behaved. Also finds the trial court’s sentence order contains a scrivener’s error. Remands with instructions for the scrivener’s error to be corrected.

Indiana Supreme Court
Elizabeth Roetter v. Michael P. Roetter, Jr.
21S-DC-568
Domestic relation with children. Affirms the Hendricks Superior Court’s award of spousal maintenance to Elizabeth Roetter and the division of property between her and ex-husband Michael P. Roetter Jr. Finds the trial court didn’t err in its spousal maintenance award and that Elizabeth’s request is for rehabilitative maintenance. Also finds the trial court didn’t err in its division of property and that it was not required to follow a rigid, technical formula.