The Indiana Law Blog: Ind. Decisions - Court of Appeals issues 3 today (and 16 NFP)

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Wednesday, June 24, 2009

Ind. Decisions - Court of Appeals issues 3 today (and 16 NFP)

For publication opinions today (3):

In Washington Township Fire Department v. Beltway Surgery Center , an 18-page opinion, Judge Barnes writes:

Washington Township Fire Department (“Washington Township”) appeals a decision of the Worker's Compensation Board (“the Board”) awarding to Beltway Surgery Center (“Beltway”) the full amount of Beltway‟s medical bills for treatment to an employee of Washington Township. We affirm. * * *

The Board did not err in requiring Washington Township to prove how Mednet reached its determination of Washington Township‟s pecuniary liability and to prove that Beltway‟s billed charges exceeded the maximum amount permissible under the Act. We also conclude the Board did not err in awarding Beltway the full amount of its medical bills for May‟s treatment, particularly in the absence of any evidence as to how Mednet purported to calculate Washington Township‟s pecuniary liability. We affirm.

In In the Matter of the Paternity of: Ba.S. and Br.S; Kimberly C. v. Barry S. , a 10-page opinion, Judge Mathias writes:

Kimberly A. (“Mother”) filed a notice of relocation with the Porter Circuit Court informing the court of her intention to move her children to Norfolk, Virginia. The children‟s father, Barry S. (“Father”), objected to the proposed relocation and also filed a motion to modify custody. The trial court granted Father‟s motion and awarded him custody of the children. Mother appeals and argues that in modifying custody, the trial court violated her due process rights and its decision runs afoul of public policy concerns. We affirm. * * *

After reviewing the evidence, the trial court concluded that a change of custody in favor of Father was in the children‟s best interests. On appeal, Mother has not presented any argument which would lead us to conclude otherwise. For all of these reasons, we affirm the trial court's decision to award custody of the children to Father. Affirmed.

In Alberto Tirado Jr. v. State of Indiana , a 7-page opinion, Judge Mathias writes:

Alberto Tirado, Jr., (“Tirado”) pleaded guilty in Lake Superior Court to Class D felony criminal recklessness, Class A misdemeanor carrying a handgun without a license, and two counts of Class A misdemeanor resisting law enforcement and was sentenced to an aggregate term of three and a half years. On appeal, Tirado presents two arguments which we restate as: I. Whether the trial court considered improper aggravating factors in sentencing; and II. Whether Tirado’s sentence is inappropriate in light of his character and the nature of the offenses. * * *

The trial court did not consider improper aggravating circumstances, and Tirado’s three and a half year sentence is not inappropriate in light of the nature of the offender and the character of the offense.

NFP civil opinions today (4):

Jeffrey R. Stephens v. Jessica (Stephens) Perkinson (NFP) - "Accordingly, we conclude that Stephens failed to establish that modification of the trial court’s order denying parenting time was in J.S.’s best interests. The trial court’s denial of Stephen’s Petition for Visitation Rights is therefore affirmed."

City of Michigan City v. Memorial Hospital (NFP) - "The Board did not err in requiring Michigan City to prove how Mednet reached its determination of Michigan City’s pecuniary liability and to prove that Memorial Hospital’s billed charges exceeded the maximum amount permissible under the Act. We also conclude the Board did not err in awarding Memorial Hospital the full amount of its medical bills for Bowen’s treatment, particularly in the absence of any evidence as to how Mednet purported to calculate Michigan City’s pecuniary liability. We affirm."

The Term. of the Parent-Child Rel. of J.S. and D.S.; M.S., L.S. v. Indiana Dept. of Child Svcs., Allen Co. (NFP) - "In light of these facts, and the court’s numerous other findings and conclusions, we find no error in the termination of Mother’s parental rights to J.S. and D.S."

Onward Fire Department v. Clarian Health Partners (NFP) - "The Board did not err in requiring Onward to prove how FairPay reached its determination of Onward’s pecuniary liability and to prove that Clarian’s billed charges exceeded the maximum amount permissible under the Act. We also conclude the Board did not err in awarding Clarian the full amount of its medical bills for Dillon’s treatment, particularly in the absence of any evidence as to how FairPay purported to calculate Onward’s pecuniary liability. We affirm."

NFP criminal opinions today (12):

Vernon Teague v. State of Indiana (NFP)

Cory Mills v. State of Indiana (NFP)

Jeremy S. Reeder v. State of Indiana (NFP)

Rafael Hernandez v. State of Indiana (NFP)

Brandon Lee v. State of Indiana (NFP)

Kenneth Beavers v. State of Indiana (NFP)

Brian Browning v. State of Indiana (NFP)

Farrell Boyce v. State of Indiana (NFP)

DeShawn Green v. State of Indiana (NFP)

Alvin L. Redfield v. State of Indiana (NFP)

Najee S. Blackman v. State of Indiana (NFP)