Opinions

Indiana Court of Appeals
In Re the Matter of: Paternity of W.M.T., Elizabeth Jackson v. Sharon Thomas
21A-JP-57
Juvenile paternity. Affirms the Hancock Superior Court’s order awarding custody of W.M.T. to Sharon Thomas, the order for Elizabeth Jackson to pay child support to Thomas and the denial of Jackson’s request for attorney fees. Finds the trial court did not abuse its discretion when it admitted certain challenged evidence, nor did it err when it determined that Thomas was W.M.T.’s de facto custodian and that modification of W.M.T.’s custody was in the child’s best interests. Also finds the trial court didn’t err when it excluded W.M.T.’s survivor benefits from the child support calculation. Finally, finds the trial court didn’t abuse its discretion when it denied Jackson’s request for attorney fees.

Indiana Court of Appeals
Aberdeen Apartments II LLC v. Jessica Miller
21A-CT-1263
Civil tort. Affirms the award of judgment to Jessica Miller against Aberdeen Apartments II and the denial of Aberdeen’s motions to correct error and for relief from judgment after Miller injured herself following a slip-and-fall accident. Finds Aberdeen did not negate the breach element of Miller’s negligence claim, and the Hendricks Superior Court did not err when it denied Aberdeen’s summary judgment motion. Also finds the trial court did not abuse its discretion when it denied Aberdeen’s Trial Rule 60(B)(3) motion to set aside the judgment, or when it denied Aberdeen’s motion to correct error.

Court of Appeals of Indiana
Benjamin Coplan, M.D., Laxeshkumar Patel, M.D., John Schiltz, M.D., Christine Tran, M.D., Community Health Network, Inc., d/b/a Community Hospital Howard Regional Health Hospital and Community Howard Behavioral Health, Community Physicians of Indiana, Inc., d/b/a Community Physician Network, Community Howard Regional Health, Inc., Timothy Held, P.A., and Medical Associates LLP v. Betty Miller, Individually and as Personal Representative of the Estate of John Allen Miller
21A-CT-406
Civil tort.
Affirms the denial of summary judgment to Drs. Benjamin Coplan, Laxeshkumar Patel, John Schiltz and Christine Tran, Community Hospital Howard Regional Health Hospital and Community Howard Behavioral Health, Community Physician Network, Community Howard Regional Health Inc., Timothy Held and Medical Associates LLP in a dispute with Betty Miller, individually and as personal representative of the estate of John Allen Miller. Finds that the imminent danger prong in Indiana Code § 34-30-16-1 allows consideration of all Zachary Miller’s conduct and statements during the month leading up to John’s murder. Also finds the providers are not entitled to summary judgment because the providers do not dispute that the totality of Zachary’s conduct and statements over that period could lead a reasonable trier of fact to find an imminent danger existed. Finally, finds physician assistants are not mental health service providers and thus are not entitled to the protections of I.C. 34-30-16-1.

Indiana Court of Appeals
Financial Center First Credit Union v. Miguel Rivera
21A-CC-845
Civil collection. Affirms the Marion Superior Court’s denial of Financial Center First Credit Union’s motion to compel arbitration and to stay proceedings. Finds the credit union introduced ambiguity on appeal as to whether it sought to compel arbitration of just Miguel Rivera’s underlying individual claim or of the amended counterclaim as a whole, including the class action allegations. Also finds the credit union cannot arbitrate Rivera’s individual claim because it had already answered the claim and then filed for summary judgment. Finally, finds the credit union cannot arbitrate Rivera’s class action claim because the plain language of the contract states class action claims cannot be arbitrated.

Indiana Court of Appeals
Christopher Allen Duncan; Patel’s Palace LLC, d/b/a Indy Surplus Liquidators, Midwest Surplus Liquidators, LLC, Rupal Patel, and Christopher Zorman v. Barton’s Discounts, LLC
21A-PL-211
Civil plenary. Affirms on interlocutory appeal an order from the Marion Superior Court granting Barton’s Discounts LLC’s motion to compel in part documents from Christopher Allen Duncan, Patel’s Palace LLC d/b/a Indy Surplus Liquidators, Midwest Surplus Liquidators LLC, Rupal Patel and Christopher Zorman. Also affirms its order for the appellants to produce all responsive, unredacted documents requested by Barton’s discovery request. Finds no abuse of the trial court’s discretion.

Indiana Court of Appeals
CT102 LLC d/b/a Metro Motors and Herman Jeffrey Baker v. Automotive Finance Corporation
21A-CC-904
Civil collection. Reverses the amount in damages awarded to Automotive Finance Corporation, finding the Marion Superior Court erred by double counting. Affirms the finding that Metro Motors did not commit conversion, finding the trial court did not err. Remands with instructions to award AFC $123,666.66, plus 15% interest from May 30, 2018, and $32,618.75 in attorney fees and expenses.

Indiana Court of Appeals
Terrance Trabain Miller v. State of Indiana
20A-CR-2315
Criminal. Reverses Terrance Trabain Miller’s convictions of one count of Level 2 felony dealing in methamphetamine, one count of Level 2 felony dealing in heroin, a narcotic drug, and one count of Class A misdemeanor resisting law enforcement. Finds the Cass Circuit Court committed fundamental error when it gave a preliminary instruction on a charge of unlawful possession of a firearm by a serious violent felony, a count that was dismissed after the jury returned a guilty verdict. Remands.

Indiana Court of Appeals
Benjamin Bertucci, Individually and Next Best Friend of Ayana Bertucci, a Minor v. Donald Bertucci and Anita Remijas
21A-CT-360
Civil tort. Affirms partial summary judgement and a cross-motion for attorney fees and costs to Donald Bertucci. Finds Bertucci wasn’t at fault for his granddaughter being bitten by a dog on his jointly owned home in Long Beach. Also finds the LaPorte Superior Court didn’t abuse its discretion. Judge L. Mark Bailey concurs in part and dissents in part with separate opinion.

Indiana Court of Appeals

Jason Gay v. Monroe County Community School Corporation (mem. dec.)
21A-PL-185
Civil plenary. Affirms the Monroe Circuit Court’s grant of summary judgment to the Monroe County Community School Corporation over its removal of trees near Jason Gay’s property. Finds the designated evidence indicates that no genuine issue of material fact existed and that MCCSC is entitled to judgment as a matter of law regarding its boundary dispute with Gay. Also finds the trial court properly entered summary judgment for MCCSC.

Indiana Court of Appeals
In the Matter of K.W. and R.W. (Children in Need of Services) and D.W. (Father) v. Indiana Department of Child Services
21A-JC-598
Juvenile CHINS. Affirms the determination that father D.W.’s children, K.W. and R.W., are children in need of services. Finds the fact-finding hearing and dispositional hearing were continued for good cause pursuant to Indiana Trial Rule 53.5. Also finds the evidence supports the Marion Superior Court’s conclusion that the children are CHINS.

Indiana Court of Appeals
Gerald Pinkston v. State of Indiana (mem. dec.)
20A-CR-2216
Criminal. Affirms Gerald Pinkston’s convictions of three counts of murder and one count of criminal recklessness, and his sentence to an aggregate of 166 years. Finds Pinkston failed to demonstrate reversible error resulting from the admission of a .40 caliber handgun and testimony by a detective, the Allen Superior Court’s accomplice liability instructions or the deputy prosecutor’s conduct. Also finds the state proved the offenses beyond a reasonable doubt and that Pinkston’s sentence is not inappropriate considering his offenses and character. 

Indiana Court of Appeals
Richard Allen Byrd v. State of Indiana (mem. dec.)
21A-CR-637
Criminal. Affirms the Howard Circuit Court’s sentencing of Richard Allen Byrd to an aggregate of five years, with three years suspended to supervised probation, for his convictions of Level 6 felony sexual battery. Finds Byrd’s guilty plea isn’t substantially mitigating as he gained a benefit by having Level 4 felony child molesting charges exchanged for Level 6 felony battery convictions. Also finds the executed portion of his sentencing appropriate.