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Monday, July 20, 2015

Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 12 NFP memorandum decisions)

For publication opinions today (2):

In In the Matter of the Civil Commitment of T.D. v. Eskenazi Health Midtown Community Mental Health Center, an 11page opinion, Judge Pyle writes:

Appellant-Respondent, T.D., appeals the trial court’s order granting Appellee-Petitioner, Eskenazi Health Midtown Community Mental Health Center’s (“the Hospital”), application for the emergency detention and involuntary civil commitment of T.D. based on her mental illness. She argues that the trial court erred in ordering her regular commitment because there was insufficient evidence that she was “gravely disabled,” as the Hospital was required by statute to prove. The only evidence in the record supporting her commitment was one isolated incident of unusual behavior, the fact that T.D. lived in a hotel, her psychiatrist’s recommendation, and her refusal to seek treatment. Because this did not constitute clear and convincing evidence to support her involuntary commitment, we reverse the trial court’s decision and remand for the trial court to vacate the commitment.
In Charles R. Ferguson v. The Estate of Lera V. Ferguson, a 10-page opinion, Judge Bradford writes:
Lera V. Ferguson passed away intestate in 2013 and was survived by her two children and sole heirs, Appellant Charles Ferguson and Nancy Mosson. Mosson was appointed personal representative of Lera’s estate (“the Estate”). Charles eventually filed a claim for over one million dollars against the Estate for services provided to Lera over her lifetime, a claim that Mosson disallowed.

Meanwhile, Mosson had petitioned the trial court for authority to sell real estate, namely a parcel that was the family farm (“the Farm”). Charles objected to Mosson’s petition and requested the trial court to set a bond sufficient to stay the sale. After a hearing, the trial court ordered Charles to deliver a surety bond of $1,133,833.71, which represented the amount of his claim plus some administrative costs, within thirty days in order to stay the sale of the Farm. Charles now appeals, contending that the trial court erred in setting his bond. The Estate argues that Charles’s interlocutory appeal should be dismissed because the trial court’s order did not give him an interlocutory appeal of right and he did not follow the procedures for discretionary interlocutory appeals. Because we conclude that Charles’s interlocutory appeal was properly taken and that the trial court abused its discretion in setting the amount of Charles’s bond, we reverse and remand with instructions.

NFP civil decisions today (3):

Raymond D. White v. Yvonne R. White (mem. dec.)

In re: the adoption of A.A., A.A. v. D.J. (mem. dec.)

In the Matter of the Termination of the Parent-Child Relationship of E.B., Mother, C.T., Father, and K.B., Child, C.T. v. Ind. Dept. of Child Services (mem. dec.)

NFP criminal decisions today (9):

Sherri Lane v. State of Indiana (mem. dec.)

Rodney S. Perry v. State of Indiana (mem. dec.)

Paul Scott Campbell v. State of Indiana (mem. dec.)

Jacob McDaniel v. State of Indiana (mem. dec.)

Kerry D. Ketchem v. State of Indiana (mem. dec.)

Dominique Morris v. State of Indiana (mem. dec.)

Trent Fitzmaurice v. State of Indiana (mem. dec.)

Deandre Averitte v. State of Indiana (mem. dec.)

William Eugene Slaton v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on July 20, 2015 01:06 PM
Posted to Ind. App.Ct. Decisions