Opinions

Court of Appeals of Indiana
Roto-Rooter Services Company v. Nationwide Insurance Company of America a/s/o Eduardo and Dawn Manning Juarbe (mem. dec.)
22A-CT-760
Civil tort. Affirms the denial of Roto-Rooter Services Company’s motion for relief from default judgment in a dispute with Nationwide Insurance Company of America a/s/o Eduardo and Dawn Manning Juarbe. Finds Roto-Rooter failed to establish exceptional circumstances necessary to satisfy Indiana Trial Rule 60(B)(8).

Court of Appeals of Indiana
Penny Korakis v. Memorial Hospital of South Bend, Michael R. Messmer, D.O., David A. Halperin, M.D.
22A-CT-867
Civil tort. Affirms the grant of summary judgment to Dr. David A. Halperin, Dr. Michael R. Messmer and Memorial Hospital of South Bend on Penny Korakis’ medical malpractice lawsuit. Finds Dr. James Kemmler’s affidavit was insufficient to create genuine issues of fact such that summary judgment in favor of the defendants was inappropriate.

Court of Appeals of Indiana
Jim Brugh v. Board of Commissioners of Cass County, Indiana, et al. (mem. dec.)
22A-PL-2474
Civil plenary. Affirms the denial of Jim Brugh’s motion to correct error, filed after the Cass Circuit Court approved a proposed agreed order reached by the Board of Commissioners of Cass County and the city of Logansport in a partition action through a mediation that took place without Brugh, who previously had been permitted to intervene. Finds Brugh did not have standing to participate in the mediation.

Court of Appeals of Indiana
Charitable Allies, Inc. v. Down Syndrome Association of Northwest Indiana, Inc. (mem. dec.)
22A-PL-1111
Civil plenary. Affirms the removal of Charitable Allies’ notice of an attorney’s lien in an underlying action between Charitable Allies’ former client, Down Syndrome Association of Northwest Indiana Inc., and former officers of DSA. Finds Charitable Allies has waived its argument regarding the Lake Superior Court’s purported lack of subject matter jurisdiction, and its assertion that the trial court lacked personal jurisdiction over it is meritless and not supported by cogent reasoning or authority. Also finds the trial court’s removal of the notice of lien is not reversible error. Finally, finds the totality of Charitable Allies’ work product to the Court of Appeals demonstrates not just weak legal positions, but positions “utterly devoid of all plausibility.” Remands to the trial court with instructions for it to determine and award to DSA a reasonable amount for its appellate attorney fees in this appeal.

Court of Appeals of Indiana
E.S. v. State of Indiana
22A-JV-1197
Juvenile. Reverses E.S.’s delinquency adjudication for sexual battery, a Level 6 felony when committed by an adult. Finds the state did not present sufficient evidence beyond a reasonable doubt to sustain E.S.’s delinquency adjudication.

Court of Appeals of Indiana
In the Matter of A.C. (Minor Child), Child in Need of Services, and M.C. (Mother) and J.C. (Father) v. Indiana Department of Child Services
22A-JC-49
Juvenile CHINS. Affirms the Madison Circuit Court’s dispositional order after mother M.C. and father J.C. admitted that child A.C. is a child in need of services, and the trial court’s prior order on the combined initial and detention hearing. Finds the parents’ appeal of the initial/detention order is moot. Also finds the dispositional order is not clearly erroneous and does not violate the parents’ constitutional rights.

Court of Appeals of Indiana
Steven Anthony Thomas v. State of Indiana (mem. dec.)
22A-CR-637
Criminal. Affirms Steven Anthony Thomas’ conviction of Level 5 felony domestic battery. Finds the state’s evidence was sufficient to rebut Thomas’ self-defense claim.

Court of Appeals of Indiana
Eric S. Cullum v. State of Indiana (mem. dec.)
22A-CR-210
Criminal. Affirms Eric Cullum’s convictions of two counts of Level 2 felony dealing in methamphetamine and his aggregate 28-year sentence, with 24 years executed and four years suspended to probation. Finds Cullum has waived review of the admission of evidence obtained from the search of his home. Also finds the Greene Circuit Court did not abuse its discretion by denying Cullum’s motion for continuance or by denying the defense motion for mistrial. Finally, finds Cullum has not demonstrated that his sentence was an abuse of discretion, inappropriate or disproportionate.

Court of Appeals of Indiana
Megan Perry and Jonathon Perry v. Indiana Department of Child Services and Linzy Derucki
22A-CT-605
Civil tort. Affirms and reserves in part the dismissal of Megan and Jonathon Perry’s amended complaint against the Indiana Department of Child Services and Linzy Derucki for failure to state a claim upon which relief could be granted. Finds the Perrys’ federal civil rights violation and state-law defamation claims against Derucki were properly dismissed. Also finds the Perrys’ state-law negligence and defamation claims against DCS were improperly dismissed. Remands for further proceedings.

Court of Appeals of Indiana
Robert Deshon Coleman v. State of Indiana
21A-PC-1260
Post-conviction. Affirms the denial of Robert Coleman’s petition for post-conviction relief, in which he alleged that he had received ineffective assistance of trial and appellate counsel. Finds Coleman has failed to meet his burden of showing that the Clay Superior Court erred by denying relief. Remands to the post-conviction court to correct its typographical error.