Summary judgments on federal preemption are reversible error
The Indiana Court of Appeals has found an exterminator and the insecticide maker should not have been granted summary judgments on the issue of federal preemption.
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Opinions April 30, 2013 ILD
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of R.R. and T.R.; R.R. v. Indiana Department of Child Services (NFP)
52A02-1208-JT-665
Juvenile. Affirms involuntary termination of parental rights.
Juan Murillo Bravo v. Silvia Bravo and Rancho Bravo, Inc. (NFP)
54A04-1207-PL-385
Civil plenary. Affirms award of attorney fees to Silvia Bravo and Rancho Bravo Inc. as a result of a discovery dispute. Remands with instructions to determine Rancho Bravo’s reasonable appellate attorney fees and to order Juan Murillo Bravo to pay that amount.
John F. Girvin v. State of Indiana (NFP)
87A01-1208-CR-381
Criminal. Remands for trial court to vacate Girvin’s conviction for vicarious sexual gratification because of double jeopardy and to revise his sentence with respect to credit time. Affirms in all other repsects.
In the Matter of the Termination of the Parent-Child Relationship of A.S.: K.S. v. Indiana Department of Child Services (NFP)
29A02-1210-JT-824
Juvenile. Affirms termination of parental rights.
Jerry D. Boyce v. State of Indiana (NFP)
16A01-1210-CR-453
Criminal. Affirms convictions of Class D felony battery by bodily waste, Class A misdemeanor battery and Class B misdemeanor battery.
Edward Lay v. State of Indiana (NFP)
49A05-1208-CR-387
Criminal. Affirms convictions of two counts of murder, one count of attempted murder and 140-year sentence.
Term. of the Parent-Child Rel. of K.C., a/k/a R.L., and A.L., Minor Children; S.L., Father v. Indiana Dept. of Child Services (NFP)
49A02-1207-JT-585
Juvenile. Affirms termination of parental rights.
Nelson Rios v. State of Indiana (NFP)
49A02-1209-CR-756
Criminal. Affirms revocation of probation.
Joshua D. Gaunt v. State of Indiana (NFP)
90A02-1210-CR-847
Criminal. Affirms sentence following plea agreement to Class C felony aiding, inducing or causing burglary; the Probation Condition 18 is not impermissibly vague; and the order Gaunt pay $300 in public defender fees. Remands with instructions to amend restitution order such that there is no duplicate recovery and establish a payment plan or schedule.
Donna Chapman and Lora Hoagland v. Central Indiana Educational Service Center and Franklin Township Community School Corporation (NFP)
49A05-1209-PL-478
Civil plenary. Affirms dismissal of Chapman’s claim against CIESC for failure to state a claim.
Douglas R. Bartel v. State of Indiana (NFP)
27A05-1207-CR-349
Criminal. Dismisses Bartel’s belated appeal from the revocation of his probation in two causes; finds he did not receive ineffective assistance of trial counsel in another cause. Affirms conviction of Class D felony operation of a motor vehicle as a habitual traffic offender and the sentence in all respects.
Allstate Insurance Company, As Subrogee of Juan R. Lopez, III v. Brenda J. Faulkner (NFP)
49A05-1211-CT-550
Civil tort. Reverses partial grant of Faulkner’s motion for relief from judgment.
Shawn E. Voorhies v. State of Indiana (NFP)
32A05-1208-CR-408
Criminal. Affirms sentence for Class A felony burglary resulting in serious bodily injury.
In the Matter of the Guardianship of the Person of H.M., S.M.M. and M.M., and S.E.M. v. D.L.M. and In the Matter of the Paternity of H.M., S.E.M. v. D.L.M. (NFP)
45A03-1208-GU-374
Guardianship. Affirms temporary order of child support, which ordered D.L.M., H.M.’s father, to pay guardians $158.88 per week. Remands with instructions that the trial court unify this case within one magistrate’s court to clarify father’s child support obligation pursuant to a completed and signed child support obligation worksheet and issue the orders it deems appropriate.
In the Matter of the Civil Commitment of: D.P. v. Richard L. Roudebush Veterans Affairs Medical Center (NFP)
49A02-1210-MH-807
Mental health. Affirms temporary commitment for mental health reasons.
The Indiana Supreme Court and Indiana Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions April 30, 2013
Indiana Court of Appeals
Countrywide Home Loans, Inc. v. Robert Holland
45A04-1202-PL-53
Civil plenary. Reverses summary judgment on Holland’s quiet title action and remands with instructions to enter summary judgment in Countrywide’s favor. Affirms dismissal of Holland’s common-law lien claim and remands with instructions to vacate the award of nominal damages. Holland is not entitled to summary judgment on the merits of his quiet title claim.
State must seek EPA approval before reclassifying ethanol plants
Even though the Environmental Protection Agency changed a rule to exclude ethanol plants from the category of chemical process plants which would affect emissions permitting, Indiana had to seek approval from the federal agency before it could reclassify the ethanol production facilities.
Tax court rules that evidence, not conclusory statements, needed to make prima facie case
A doubled property value will stand because the property owner did not offer any market-based evidence when challenging the new assessed value, the Indiana Tax Court has ruled.
Evidence does not support CHINS finding
The Indiana Court of Appeals reversed a trial court’s determination that an infant is a child in need of services after finding the parents have improved their living situation that led to their three other children being removed.
Judges affirm dismissal of city’s counterclaim without prejudice
The Indiana Court of Appeals held Tuesday that a dismissal based on the failure to provide an appraisal with an offer to purchase property for road work improvements was not an adjudication on the merits, allowing a city’s counterclaim for appropriation of the property to be dismissed without prejudice.
Right to Farm Act bars CAFO nuisance claim, appeals court rules
A Gibson County farmer may not bring a nuisance claim against a neighboring dairy that dramatically expanded its operations to what he called a “factory-like ‘mega-farm,’” the Indiana Court of Appeals ruled.
Suspended attorney stripped of quiet title to foreclosed home he repaired
A suspended Gary attorney who was awarded a quiet title to an abandoned, foreclosed property after he entered a house without authorization and began to maintain it was stripped of the title Tuesday by the Indiana Court of Appeals.
Lawyers’ divorce battle divides COA on joint custody ruling
A lengthy divorce proceeding involving two Fort Wayne attorneys that raised numerous issues on appeal was mostly affirmed Tuesday, but a dissenting judge cautioned that joint custody was not in the interest of the of the feuding parents’ daughter.
COA: No error in denying reckless homicide instruction
The evidence presented at trial did not support a defendant’s request to instruct the jury on reckless homicide as a lesser offense of murder, the Indiana Court of Appeals ruled.
Law firm not entitled to summary judgment on complaint seeking payment
Finding that there are genuine issues of material fact as to whether an employee was acting on his own behalf or on behalf of his company when he sought a law firm’s services, the Indiana Court of Appeals ordered more proceedings on the firm’s complaint for payment.
Vincennes did not breach contract with men’s basketball coach
The Indiana Court of Appeals concluded Tuesday that summary judgment should have been granted in favor of Vincennes University on a former basketball coach’s lawsuit alleging breach of contract after the university did not renew his contract for the following year.
Pence signs probate, problem-solving court legislation
Gov. Mike Pence signed 25 bills into law Monday, including legislation restricting criminal background checks and changes to probate and trust administration.
Hendricks Superior Court accepting applications for 2 magistrates
The Hendricks Superior Courts are looking to fill two magistrate positions created by the General Assembly during the recently completed 2013 legislative session.
Indianapolis officer faces more drunken-driving charges
The suspended Indianapolis Metropolitan Police Department officer accused of killing one motorcyclist and injuring two others in an August 2010 crash has been arrested and charged with two misdemeanor drunken-driving offenses.
Indiana teams take 5th, 10th place in national civics competition
Two Indiana teams ranked among the top 10 after participating in the championship round of the We The People national competition.
Marion County Odyssey transition may cause delays
Civil filings in Marion Circuit and Superior courts could experience delays after Friday when the JUSTIS case management system will go offline pending a transition to the Odyssey CMS. Odyssey is slated to go live in the civil courts May 13.
Session wraps up, bills await governor’s signature
The Indiana General Assembly completed its 2013 legislative session late Friday, passing a two-year budget that retroactively eliminates the state inheritance tax and increases funding for the Department of Child Services.
Opinions April 29, 2013 ILD
Indiana Court of Appeals
Swami, Inc., et al. v. Franklin Drywall II, LLC (NFP)
10A01-1208-MF-398
Mortgage foreclosure. Affirms determination that Franklin Drywall was entitled to recover $48,681.60 and award of attorney fees to the company in dispute over delays in completing drywall work. Reverses finding that a certain mortgage debt should not be considered to be a lien against the property in question. Remands for further proceedings.
Renee Tripp v. William Bockman (NFP)
43A03-1208-DR-375
Domestic relation. Affirms in part order on mother’s petition for arrearages and remands with instructions to address her request for a determination of any arrearage related to father’s basic child support obligation.
Anthony Minney v. State of Indiana (NFP)
49A02-1206-CR-481
Criminal. Affirms conviction and sentence for Class C felony escape.
DeMarkus Adams v. State of Indiana (NFP)
49A02-1210-CR-776
Criminal. Affirms murder conviction.
Tony Campos v. State of Indiana (NFP)
15A05-1210-CR-511
Criminal. Affirms sentence for Class C felony battery with a deadly weapon.
Raymond Carter v. State of Indiana (NFP)
29A02-1210-CR-779
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.