OPINION MATHIAS, Judge. R.R.F. ("Father") appeals from the dissolution court's order on remand apportioning post-secondary educational expenses for the parties' son, E.F., between Father and L.L.F. ("Mother"). On appeal, Father argues that the dissolution court's order was clearly erroneous in light of certain tax credits available to Mother as a result of E.F.'s enrollment in college. The State, which became a party to this action through the intervention of the Title IV-D Prosecutor, cross-...
OPINION BARTEAU, Senior Judge. STATEMENT OF THE CASE Respondents-Appellants Mary Alice Manley and Gary Manley appeal the trial court's grant of summary judgment to Petitioners-Appellees Ryan J. Sherer, M.D., and Sherer Family Medicine, P.C. (collectively, "Sherer"). We reverse and remand. ISSUE The Manleys raise two issues, which we consolidate and restate as: whether the trial court erred by granting Sherer's motion for summary judgment. FACTS AND PROCEDURAL HISTORY On November 27,...
OPINION GARRARD, Senior Judge. Plaintiff-Appellee Steve H. Tokarski, in his capacity as successor personal representative of the Estate of John Wroblewski, filed a three-count complaint against Defendant-Appellant American Savings, FSB, in Lake Superior Court. Both parties filed motions for summary judgment. American Savings now appeals the trial court's order granting summary judgment in favor of Tokarski on the first two counts. We reverse and remand. On June 20, 2003, Wroblewski, then in...
OPINION CRONE, Judge. Case Summary Indianapolis Metropolitan Police officers were dispatched to Marvelean Williams's home to investigate a disturbance. Williams interfered with the investigation by yelling and ignoring orders to remain seated. Although Williams was not suspected of being involved in the initial disturbance, after her husband was arrested, the officers became concerned when she attempted to go into the kitchen that she might retrieve a weapon, and they decided to place her in...
OPINION CRONE, Judge. Case Summary Midwest Psychological Center, Inc. ("Midwest"), is a for-profit business that provides mental health services. Indiana Minority Health Coalition, Inc. ("Minority Health"), is a non-profit organization that provides mental health services. Both have received certification from the Indiana Department of Administration ("IDOA") as a minority business enterprise ("MBE"). Corizon, Inc., has a contract with the IDOA to provide mental health services. Corizon has...
OPINION MAY, Judge. Jeremy Peters appeals his conviction of Class B felony unlawful possession of a firearm by a serious violent felon ("SVF"). 1 He raises three issues for our review: 1. Whether admission of testimony about Peters' post-arrest silence was fundamental error; 2. Whether the State presented sufficient evidence to convict Peters; and 3. Whether Peters' sentence is inappropriate based on the nature of the offense and his character. We affirm. FACTS AND PROCEDURAL HISTORY...
OPINION ROBB, Chief Judge. Case Summary and Issue Judy Ellis appeals the trial court's order granting M & I Bank immediate possession of real estate in which she has a leasehold interest. We restate the issue as whether the trial court properly denied the Ellises' 1 motion to correct error with regard to the order of possession. Concluding the order of possession was properly entered and the trial court therefore did not abuse its discretion in denying the motion to correct error, we...
OPINION BAILEY, Judge. STATEMENT OF THE CASE Richard R. Waterfield and J. Randall Waterfield appeal the trial court's entry of summary judgment for Julie R. Waterfield and The Trust Company of Oxford ("TCO"). Richard and Randall raise two issues 1 for our review, which we restate as follows: 1. Whether Richard and Randall's claims for breach of fiduciary duty and breach of trust are time-barred; and 2. Whether Richard and Randall have demonstrated a genuine issue of material fact that...
OPINION MATHIAS, Judge. Moorehead Electric Company, Inc. ("Moorehead") appeals the Worker's Compensation Board's award of benefits to Jerry Payne ("Payne"). Mooreheard argues that the Board erred when it determined that Payne was entitled to benefits for an injury he sustained outside of the workplace but that arose from a prior, compensable injury. Concluding that the Board properly awarded benefits to Payne for the subsequent injury, we affirm. Facts and Procedural History On September 2,...
OPINION MATHIAS, Judge. Mario Allen appeals the LaPorte Superior Court's denial of his petition for post-conviction relief. Although Allen agrees with the post-conviction court's finding that he was denied the assistance of appellate counsel, he argues that the proper remedy is a new trial. The State also agrees with the post-conviction court's finding that Allen was denied the assistance of appellate counsel, but claims that the proper remedy is simply to permit Allen to proceed with the...
OPINION ROBB, Chief Judge. Case Summary and Issues John Cunningham was shot and killed while at his girlfriend's apartment complex. More than two years after his death, Natalia Robertson, acting as personal representative of the Estate of John Cunningham, brought a wrongful death claim against the apartment complex and its parent companies. The trial court dismissed the claim, concluding it was untimely because Indiana's General Wrongful Death Act requires that a wrongful death claim be...
OPINION NAJAM, Judge. STATEMENT OF THE CASE David L. Johnson, Jr. appeals his conviction for neglect of a dependent, as a Class A felony, following a jury trial. Johnson raises three issues for our review: 1. Whether the trial court abused its discretion when it denied his request for jury instructions on lesser-included offenses; 2. Whether the trial court abused its discretion when it admitted into evidence Johnson's statements on a mental health assessment that he was concerned he...
OPINION VAIDIK, Judge. Case Summary Kimberly Heaton appeals the revocation of her probation and the trial court's order that she serve eighteen months of her previously-suspended sentence in the Indiana Department of Correction. She contends that the trial court abused its discretion in imposing the eighteen-month sentence by both using the incorrect legal standard to determine if she had committed another offense and by using rules that were vague as to what constitutes a change of address....
OPINION BAKER, Judge. Here, we are reminded of the old adage that it is not only what you say but how you say it. This is precisely why we grant trial courts the responsibility to determine whether a defendant has made his or her case in accordance with Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), which prohibits the exercise of racially discriminatory peremptory challenges. In this case, although the trial court determined that the Batson challenge was met,...
OPINION FRIEDLANDER, Judge. Carl A. Staples appeals after pleading guilty to and being sentenced for one count of Battery 1 as a class A misdemeanor and one count of Pointing a Firearm 2 as a class A misdemeanor. Staples presents the following restated issue for our review: Did the trial court abuse its discretion by concluding that Staples had committed a crime of domestic violence thus rendering it illegal for him to possess a firearm We affirm. The factual basis supporting Staples'...
OPINION KIRSCH, Judge. In this interlocutory appeal, Lance McCloud appeals the trial court's denial of his motion to dismiss the charges pending against him because he was not brought to trial within one year of the date he was charged with the offenses. McCloud raises two issues that we consolidate and restate as: whether the trial court erred in denying his motion to dismiss because his right to a speedy trial, provided by Rule 4(C) of the Indiana Rules of Criminal Procedure and the federal...
NOT FOR PUBLICATION MEMORANDUM DECISION RILEY, Judge. STATEMENT OF THE CASE Appellant-Defendant, Christopher W. Hovis (Hovis), appeals his sentence for assisting a criminal, a Class C felony, Ind. Code 35-44-3-2. We affirm. ISSUES Hovis raises three issues, which we consolidate and restate as the following two issues: (1) Whether the trial court properly sentenced Hovis; and (2) Whether the State violated the terms of its plea agreement with Hovis. FACTS AND PROCEDURAL HISTORY On...
OPINION BRADFORD, Judge. CASE SUMMARY 1 Appellant-Defendant Christopher Bryant appeals from his convictions of and sentences for two counts of Class A felony Dealing in a Narcotic Drug, 2 Class A misdemeanor Resisting Law Enforcement, 3 and Class A misdemeanor Marijuana Possession 4 and his admission that he is a Habitual Substance Offender. 5 Bryant raises the following issues on appeal: I. Whether he received ineffective assistance of trial counsel due to his attorney's failure to...
OPINION RILEY, Judge. STATEMENT OF THE CASE Appellant-Plaintiff, the Commission of Labor On the Relation of Stephen R. Shofstall, Edward C. Posey, and Deborah N. Posey (collectively, Appellants), appeal the trial court's summary judgment in favor of Appellee-Defendant, International Union of Painters and Allied Trades AFL-CIO, CLC District Council 91 (the Union), finding that Appellants are not entitled to accrued vacation pay. We reverse and remand with instructions. ISSUES Appellants...
OPINION ON REHEARING CRONE, Judge. Appellant Smith Barney has petitioned for rehearing of our opinion in Smith Barney v. StoneMor Operating LLC, 953 N.E.2d 554 (Ind.Ct.App.2011), in which we affirmed the trial court's denial of Smith Barney's motion to compel arbitration against appellees Independence Trust Company ("Independence Trust") and StoneMor Operating LLC ("StoneMor"). We grant Smith Barney's petition for the limited purpose of clarifying our analysis and affirm our original...
