Opinions

Court of Appeals of Indiana
Marion Assets 2020, LLC v. Fiascone Family LP
22A-TP-1681
Verified petition for issuance of a tax deed. Affirms the Lake Superior Court’s conclusion that Marion Assets 2020 LLC provided Fiascone Family LP with constitutionally adequate notice in obtaining a tax deed. Reverses the trial court’s conclusion to set aside the tax deed on equitable grounds. Finds the trial court did not err when it found that Marion Assets provided Fiascone Family with constitutionally adequate notice, but did abuse its discretion when it set aside the tax deed on equitable grounds. Remands with instructions for the court to deny Fiascone Family’s motion to set aside the tax deed.

Town of Clayton v. Michael Swanson and Evi Swanson (mem. dec.)
22A-CT-1061
Civil tort. Affirms and reverses in part the judgment in favor of Michael and Evi Swanson on their claim against the town of Clayton alleging inverse condemnation of real property. Finds the Hendricks Superior Court did not err when it denied the town’s motion for partial summary judgment on the issue of damages within the drainage easement, but did err when it denied the town’s motion for partial summary judgment on the Swansons’ claims alleging vicarious liability for Murrain Excavating Inc.’s negligence. Also finds the trial court’s findings regarding the Swansons’ inverse condemnation claim are supported by the evidence and are sufficient to show a taking.

Court of Appeals of Indiana
Ray Sorgdrager v. State of Indiana
22A-CR-01175
Criminal. Affirms Ray Sorgdrager’s sentence for two counts of child molesting, one as a Level 1 felony and the other as a Level 4 felony, and his 41-year sentence in the Department of Correction. Finds sufficient evidence to support the Level 1 felony conviction. Also finds Sorgdrager failed to establish that either of his offenses is included in the other, either inherently or factually, so he has not established that his convictions constitute double jeopardy. Finally, finds Sorgdrager has not sustained his burden of establishing that his aggregate sentence is inappropriate in light of the nature of the offenses and his character. Judge Elaine Brown concurs and dissents in part with separate opinion.

Darrell Scott Durham v. State of Indiana (mem. dec.)
22A-CR-872
Criminal. Affirms Darrell S. Durham’s convictions of Level 4 felony possession of a firearm by a serious violent felon, Level 5 felony domestic battery by means of a deadly weapon, Level 6 felony domestic battery and Level 6 felony pointing a firearm, and his nine-year sentence. Finds the admission of Exhibit 24, a no-contact order, was, at most, harmless error. Also finds the state’s closing arguments did not amount to fundamental error. Finally, finds the Marion Superior Court relied on proper aggravators in sentencing Durham.

Juan Jose Santoyo Escamilla v. State of Indiana (mem. dec.)
22A-CR-2264
Criminal. Affirms Juan Escamilla’s convictions of possession of methamphetamine, operating a vehicle while under the influence of a controlled substance, possession of drug paraphernalia and driving without a license. Finds the traffic stop violated neither the Fourth Amendment to the United States Constitution nor Article 1, Section 11 of the Indiana Constitution.

Michael Damien Howell v. State of Indiana (mem. dec.)
22A-PC-01659
Post-conviction relief petition. Affirms the post-conviction relief court’s denial of Michael Damien Howell’s petition. Finds Howell has not shown that his trial counsel’s error prejudiced him.

Court of Appeals of Indiana
Steve Ford v. Brandon Slate
22A-SC-1018
Small claims. Affirms the Lawrence Township Small Claims Court of Marion County’s judgment in favor of Brandon Slate on his complaint for breach of contract against Steve Ford. Finds the trial court’s judgment was not clearly erroneous.

Court of Appeals of Indiana
Daniel Kay Beach v. Teresa Spiech, Trustee of the Dauby Family Trust
22A-TR-1779
Trust. Reverses and remands to determine the value of the home at the time of Carol Daubenspeck’s death so that the trust assets may be divided evenly between siblings, with Daniel Beach receiving the home as part of his distribution. Finds Beach’s right of first refusal gave him the choice to receive the home as part of his share of the trust if he so desired. Affirms the Hamilton Superior Court’s decision on all other grounds.

Court of Appeals of Indiana
Curtis D. Shank v. State of Indiana (mem. dec.)
22A-CR-1500
Criminal. Affirms Curtis Shank’s conviction of Level 1 felony attempted murder and his sentence of 48 years executed. Finds the Elkhart Circuit Court properly handled Shank’s requests for a speedy trial such that his Criminal Rule 4(B) rights were not violated. Also finds Shank has failed to show that his sentence is inappropriate.

Court of Appeals of Indiana
Montgomery Scott Turner and Morgan Mitchell v. Roxanna Knowles
22A-EV-2622
Eviction. Reverses the Lawrence Superior Court’s judgment for Roxanna Knowles, a landlord. Finds Montgomery Turner and Morgan Mitchell have established prima facie error in the trial court’s determination. Remands with instructions to vacate an award of damages for Knowles and order Knowles to return a security deposit. Also remands with instruction to determine the tenants’ reasonable fees and costs.

Court of Appeals of Indiana
Adam Tempest v. Fifth Third Bank, National Association (mem. dec.)
22A-PL-2222
Civil plenary. Dismisses Adam Tempest’s appeal of the Decatur Superior Court’s order dismissing his complaint against Fifth Third Bank. Finds multiple violations of the Indiana Appellate Rules and a lack of a cogent argument.

Court of Appeals of Indiana
Indiana Board of Pharmacy, Donna S. Wall, Steven Anderson, Del Fanning, Winnie Landis, Mark Smosma, and Matt Balla v. Paul J. Elmer
22A-PL-1811
Civil plenary. Reverses the Marion Superior Court’s entry of judgment against the appellants and the award of attorney fees to Paul Elmer. Finds the Indiana Board of Pharmacy and its members were acting in a quasi-judicial capacity and in good faith based on the known interpretation of Indiana Code § 34-52-1-1. Remands with instructions to enter judgment in favor of the appellants and to vacate the award of attorney fees to Elmer.

Court of Appeals of Indiana
In the Matter of the Civil Commitment of: A.O. v. Community Health Network, Inc.
22A-MH-2396
Mental health. Affirms the Marion Superior Court’s determination that A.O. was “gravely disabled.” Finds there was clear and convincing evidence supporting the order.

Court of Appeals of Indiana
Michael T. Owens v. State of Indiana
21A-CR-1900
Criminal. Affirms the Marion Superior Court’s denial of Michael Owens’ motion to dismiss the habitual offender enhancement to his sentence. Finds Owens’ claim rests on a faulty reading of Indiana Code § 35-34-1-5(e). Sua sponte remands to correct sentencing error.

Court of Appeals of Indiana
American Senior Communities v. Indiana Family & Social Services Administration
22A-PL-2556
Civil plenary. Affirms  the reclassification of the nursing scheduler coordinator position from the direct care component to the administrative component. Finds the reclassification was not arbitrary and capricious.

Court of Appeals of Indiana

Indianapolis Museum of Art, D/B/A Newfields v. Kathleen Hurley, et al
22A-TR-767
Trust. Affirms the Marion Superior Court’s denial of Newfields’ motion for partial summary judgment and grant of the children’s motion for summary judgment. Finds the trial court did not err in establishing a resulting trust.

Court of Appeals of Indiana
Shalee C. Dowell v. State of Indiana
19A-CR-2623
Criminal. Affirms Shalee Dowell’s conviction in the Perry Circuit Court of Level 2 felony dealing in methamphetamine. Finds the state waived any challenge to the appellate court’s decision to reassume jurisdiction of Dowell’s direct appeal. Also finds the state’s evidence was sufficient.

Court of Appeals of Indiana
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
22A-CT-1573
Civil tort. Affirms St. Joseph Superior Court’s grant of summary judgment to Spear Corporation and Panzica Building Corporation and a partial summary judgment to Beacon Health Building Corporation. Finds the trial court did not abuse its discretion by striking a portion of the deposition testimony of the Penningtons’ designated expert witness nor did it abuse its discretion in its evidentiary rulings.

Court of Appeals of Indiana
In the Matter of the Marriage of Emily G. McConnell v. Cedric J. Booker (mem. dec.)
22A-DC-2348
Domestic relations with children. Affirms the Warrick Superior Court’s dissolution decree, which granted parenting time to Cedric J. Booker that deviated from the Indiana Parenting Guidelines. Finds the trial court did not abuse its discretion in its parenting time order or when it denied Emily McConnell’s motion to correct error.

Court of Appeals of Indiana
Rupinder Thind v. Delaware County, Indiana
22A-PL-2332
Civil plenary. Affirms the grant of Delaware County’s motion for a preliminary injunction but reverses the order imposing costs and fines on Rupinder Thind. Finds the Delaware Circuit Court did not err in entering the preliminary injunction. Also finds the imposition of fines and costs was premature.