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Jul 23, 2023

Opinions June 22, 2023

Court of Appeals of Indiana In The Matter of L.S., a Child in Need of Services, J.C. v. Indiana Department of Child Services 22A-JC-2822Juvenile CHINS. Dismisses father J.C.’s appeal of the

Court of Appeals of IndianaIn The Matter of L.S., a Child in Need of Services, J.C. v. Indiana Department of Child Services22A-JC-2822Juvenile CHINS. Dismisses father J.C.’s appeal of the Vanderburgh Superior Court’s denial of his motion to modify the placement of his child, L.S. Finds father’s notice of appeal indicates that the order denying the modification is a final appealable order, but it is not. Also finds father did not seek an interlocutory appeal. Finally, finds the Court of Appeals lacks appellate jurisdiction.

S.M. v. C.W. and J.W. (mem. dec.)23A-AD-324Adoption. Affirms the Huntington Circuit Court’s ruling to grant adoptive parents C.W. and J.W.’s petition to adopt minor child C.M. Finds the trial court properly concluded that mother S.M.’s consent to the adoption of child by adoptive parents was not required.

ALDI (Indiana) L.P., Wiese USA, Inc., and Wiese Warehouse Management Solution, Inc. v. Patricia Rich and Timothy Rich, Sr., as Parents and Natural Guardians of Timothy Rich, Jr. (mem. dec.)22A-CT-681Civil tort. Affirms the Johnson Superior Court’s denial of Wiese USA Inc. and Wiese Warehouse Management Solution Inc.’s motion for summary judgment in a lawsuit brought by Patricia and Timothy Rich, but reverses the denial of ALDI (Indiana) L.P.’s motion for summary judgment. Finds Wiese failed to affirmatively disprove an element of the Riches’ claim against it. Also finds ALDI did not have either actual or constructive knowledge of the dock leveler’s drifting condition and did not otherwise assume a duty regarding the operation of the dock leveler. Remands for further proceedings.

Matthew Shannon Whitt v. State of Indiana (mem. dec.)22A-CR-2512Criminal. Affirms Matthew Whitt’s murder conviction in Grant Superior Court. Finds the evidence was sufficient to support Whitt’s murder conviction.

Co Bik T. Achong v. State of Indiana (mem. dec.)23A-CR-160Criminal. Affirms Co Bik Achong’s conviction and 730-day sentence, with credit for 29 days of time served and the remainder suspended to probation, for domestic battery resulting in serious bodily injury, a Level 5 felony. Finds the Marion Superior Court did not abuse its discretion in denying Achong’s motion for mistrial. Also finds Achong waived his claim of error based on the trial court’s failure to advise him of his right to allocution. Judge Leanna Weissmann concurs in result without separate opinion.

Brittany M.R. Morris v. State of Indiana (mem. dec.)22A-CR-2191Criminal. Affirms Brittany Morris’ conviction of aiding, inducing or causing murder, a felony. Finds the evidence is sufficient.

In the Matter of the Termination of the Parental Rights of: D.B., (Minor Child) and E.B. (Mother) v. Indiana Department of Child Services (mem. dec.)22A-JT-3010Juvenile termination of parental rights. Affirms the termination of mother E.S.B.’s parental rights to D.J.B. Finds the juvenile court’s judgment is supported by the unchallenged findings of fact and is not clearly erroneous.

Patricia Dorsett v. Dr. Jenna Lubitz, DVM (mem. dec.)22A-SC-2948Small claims. Reverses the Hamilton Superior Court Small Claims Division’s dismissal of Patricia Dorsett’s negligence claim against Dr. Jenna Lubitz. Finds the trial court clearly erred in concluding that Dorsett could not sue Lubitz personally for negligence, and the error was not harmless. Remands for a new hearing.

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