Opinions November 22, 2022 – The Indiana Lawyer

Indiana Court of Appeals
SE, minor child, by Next Friend, Katherine Danley Glaser and Katherine Danley Glaser v City of Carmel, Indiana
civil offence. Confirms summary judgment for the city of Carmel in a dispute with Katherine Danley Glaser, mother of SE. Notes that the records show no real issues of substantive fact that the City and the Carmel/Clay Department of Parks and Recreation are separate policy subdivisions under an inter-local agreement, such that the City is not responsible for negligent conditions, state statutes and jurisprudence acts or omissions of park officials or their employees may be held liable under Indiana Code 34-13-3-3-(a)(10).

Regarding the termination of the parent-child relationship of PB and BB (minor children) and AB (mother) and LL (father), AB (mother) and LC (father) v Indiana Department of Child Services
Juvenile Termination of Parental Rights. Confirms termination of parental rights of mother AB and father LL to PB and BB. Finds that AB has not provided clear and convincing evidence that the Standard violates the Indiana Constitution. Also notes that the Fulton Circuit Court did not go beyond judicial notice and improperly shifted the burden to LL. Finally, the Court notes that it made no mistake in concluding that the conditions which led to the removal of PB are not likely to be remedied with a reasonable probability, or in concluding that the It is in PB’s best interest to terminate LL’s parental rights.

Timothy Stabosz vs. Shaw Friedman
Civic Plenary. Confirms the LaPorte Circuit Court’s denial of Timothy Stabosz’s motion to dismiss the defamation lawsuit brought against him by Shaw Friedman pursuant to the procedure set forth in Indiana’s anti-SLAPP statutes. Notes that Friedman provided sufficient evidence to raise a genuine question of fact as to whether Stabosz’s statements were made in good faith and on reasonable legal and factual grounds that the court did not err in dismissing Stabosz’s request rejected on rejection.

Regarding the adoption of AG: AS vs. JT and MT
Assumption. Confirms adoption of child from mother AS, AG, by legal guardians JT and MT. Finds that the Madison Circuit Court erred in granting the guardians’ motion to waive AS’s consent to her adoption by AG, as the trial court concluded that AS had not done so by AG financially during the relevant periods, although able to do so, was supported by the findings of the trial court. Evidence also supports the trial court’s finding in its adoption order that the adoption was in AG’s best interests.

Tristin Grant Spencer v Indiana State (mem. dec.)
Criminal. Confirms the Vigo High Court’s order to set aside its sua sponte order amending Tristin Spencer’s sentence from house arrest to dismissal. Notes that the court acted within its powers to overturn its earlier sua sponte order amending Spencer’s sentence.

Dennis Lowrance v South Bend Orthopedics Associates, Inc., d/b/a South Bend Orthopedics, Henry Kim, MD, Michael Yergler, MD, Saint Joseph Regional Medical Center-South Bend Campus, Inc., d/b/a Saint Joseph Regional Medical Center (mem. dec.)
civil offence. Certifies summary judgment of South Bend Orthopedics Associates Inc. d/b/a South Bend Orthopedics, Dr. Henry Kim, Dr. Michael Yergler and Saint Joseph Regional Medical Center-South Bend Campus Inc. d/b/a Saint Joseph Regional Medical Center on Dennis Lowrance’s negligence claim. Finds that the St. Joseph Circuit Court did not err in denying Lowrance’s requests for supplementation of his designated evidence or in dismissing his expert report. Also notes that the trial court made no mistake in awarding summary judgment to the defendants because there was no more evidence to contradict their motions for summary judgment.

Brooke Moreland vs. Todd Williams (mem. dec.)
domestic relationships. Confirms the finding of contempt for mother Brooke Moreland and the award of legal fees for father Todd Williams, and ordering Williams a period of make-up parenting followed by full parental leave and a standard midweek visit. Finds that the Marion Superior Court did not abuse its discretion.

DTO and SA v. Indiana Department of Child Services (mem. dec.)
Juvenile Termination of Parental Rights. Confirms Termination of Parental Rights of Mother SA and Father DTO to AO Finds that the Jennings Circuit Court termination order was supported by the evidence and therefore was not clearly wrong.

Hans L. Markland vs. New Holland by Logansport, Inc. (mem. dec.)
civil offence. Confirms dismissal of Hans L. Markland’s complaint against New Holland from Logansport. Finds that the Cass Superior Court did not abuse its discretion in dismissing Markland’s action under Indiana Trial Rule 41(E) for failure to pursue his civil claims.