« Vacancy on Supreme Court 2016 - Day 3: Report on interview #26, Mr. Thomas M. Fisher | Main | Ind. Decisions - 7th Circuit posts one Indiana case today (re texting while driving), decided yesterday, a reversal »

Friday, February 19, 2016

Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 4 NFP memorandum decision(s))

For publication opinions today (2):

In In the Matter of the Adoption of A.A. and L.A. (Minor Children) J.B. and S.B. v. R.C. and N.C., an 18-page opinion, Judge Bailey writes:

J.B. and S.B. (“Parents” or “Adoptive Parents”) petitioned for guardianship and later adopted A.A. and L.A. (“Children”). In 2012, the trial court granted R.C. and N.C. (“Grandparents” or “Maternal Grandparents”) grandparent visitation rights and ordered a specific visitation schedule. Parents, however, denied Grandparents the court-ordered visitation, prompting Grandparents to file numerous contempt motions to enforce the order. Parents in turn filed a petition to terminate grandparent visitation rights. Following consolidated hearings on the motions and petition, the trial court found Parents in contempt of court, ordered Parents to pay Grandparents’ attorney fees of over $17,000 (plus $2,000 in previously-awarded fees) as a sanction for contempt, and denied Parents’ petition to terminate grandparent visitation rights. We affirm. * * *

The trial court did not abuse its discretion in finding Parents in contempt and ordering Parents to pay $17,282.50 in attorney fees (plus $2,000 in previously-ordered attorney fees) as a sanction for contempt. The trial court’s order denying Parents’ petition to terminate grandparent visitation rights was not an abuse of discretion.

In Richard W. Lorenz and any Successor Trustee, as Trustee, of the Bankruptcy Estate of Willie R. Gauldin v. Anonymous Physician #1, et al., a 17-page opinion, Judge Robb concludes:
The trial court erred in granting the Medical Providers’ motions for preliminary determination as neither lack of standing nor judicial estoppel serves as a basis for dismissing the proposed complaint. The judgment of the trial court is reversed.
NFP civil decisions today (1):

Ashley Poythress and LaVenita Burnett v. Esurance Insurance Company (mem. dec.)

NFP criminal decisions today (3):

Courtney Johnson v. State of Indiana (mem. dec.)

Michelle Williams v. State of Indiana (mem. dec.)

DeJuan McIntyre v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on February 19, 2016 11:41 AM
Posted to Ind. App.Ct. Decisions