Appeals court again denies injunction in Lake Monroe logging case
The Indiana Court of Appeals has again rejected a Monroe County resident’s requested preliminary injunction that would prevent logging from taking place on land near his home.
Court opinions
Articles
Justices strip award of attorney fees in Utica billboard dispute
The Indiana Supreme Court on Friday threw out an award of more than $237,000 in attorney fees in a lawsuit over seven billboards outside Utica, Indiana. Justices found the Clark Circuit Court lacked a basis for awarding fees to the parties who sued a regional development entity that sought to restrict billboards along State Road 265 just north of Louisville.
Fired IDEM employee loses appeal in whistleblower dispute
A former environmental chemist who was fired from his longstanding position at the Indiana Department of Environmental Management could not convince a panel of the Indiana Court of Appeals that he was terminated for being a whistleblower.
Opinions May 28, 2020
Indiana Court of Appeals
Universal Auto, LLC, d/b/a James Myers v. Cory Murray
19A-PL-1225
Civil plenary. Affirms the Marion Superior Court’s entry of judgment in Cory Murray’s favor on his contract claim for damages and Universal Auto LLC’s counterclaim for damages and attorney’s fees. Finds Murray had not defaulted on the sales contract when Universal repossessed his vehicle. Also finds that Universal failed to carry its burden of demonstrating prima facie error concerning its counterclaim and Murray’s contract claim.
Appeals court affirms for used car buyer in defaulted sales contract dispute
An auto dealer couldn’t sway an appellate court’s ruling for one of the dealer’s customers after the court found the man who immediately had problems with the vehicle hadn’t defaulted on his sales contract because payment was not due.
Opinions May 27, 2020
Indiana Court of Appeals
In Re the Supervised Estate of Dorothy M. Hall (Decedent), Doloris Tilly v. Jeff Hall and Doris Andres
19A-ES-1450
Estate. Affirms the Floyd Circuit Court’s April 26, 2019 interlocutory order in the supervised estate of Dorothy M. Hall. Finds reversal is not warranted on Doloris Tilly’s argument that her stepbrother Jeff Hall’s affidavits were improperly considered by the trial court. Also finds no abuse of its discretion in denying her request to strike Hall’s responses to her request for admissions. Lastly, finds that Ind. Code § 29-1-14-1 does not require reversal and that Hall was not required to file a separate request to set aside the March 2010 deeds or join stepsister Doris Andres’s petition.
Word substitution causes trouble, but plea agreement stands
A Fayette County man’s confusion about a state statute complicated by a prosecutor’s poor word choice drew some sympathy from the Indiana Court of Appeals but was not enough to win a reversal.
Appellate court dismisses case involving father’s DCS dispute
An appellate court has dismissed a case involving allegations made against a father to the Indiana Department of Child Services, finding that it doesn’t have jurisdiction over the proceedings in his case.
Hammond zoning suit over deck near property line goes back to trial court
A zoning lawsuit over a deck that violates Hammond’s zoning ordinance by being too close to a neighbor’s side yard was reinstated by the Indiana Court of Appeals on Wednesday. The appeals court found that in dismissing the suit, judges had misapplied an affirmative defense that the landowner had not pleaded.
COA affirms trial court in siblings’ estate squabble
The Indiana Court of Appeals in an interlocutory appeal has affirmed for a brother in a sibling squabble over Southern Indiana real estate and property left by their mother after her death.
Appeals court slams due process violations in TPR cases: ‘This must stop’
Indiana trial courts and the Department of Child Services continue to deprive parents of their due process rights after years of warnings, the Indiana Court of Appeals said Wednesday, reversing the termination of a mother’s parental rights when the termination hearing went on without her or her lawyer present. In doing so, appellate judges strongly restated that courts and DCS have a duty to ensure parents’ rights aren’t violated.
Man loses PCR bid against criminal contempt sentences
A man seeking post-conviction relief from a nearly two-year contempt sentence did not persuade the Indiana Court of Appeals that his counsel was ineffective, though one judge on the panel noted her vote would have been different if the case were in a different procedural posture.
Indiana Court Decisions – May 7-19, 2020
Read Indiana appellate court decisions from the most recent reporting period.
Opinions May 26, 2020
Indiana Court of Appeals
Community Health Network, Inc. v. Heather McKenzie and Daniel McKenzie, individually and as parents and natural guardians of J.M. and O.M., John McKenzie, Deborah West, Michael West, and Katrina Gray
19A-CT-873
Civil tort. Affirms and reverses in part the denial of Community Health Network Inc.’s Trial Rule 12(B)(1) motion to dismiss the complaint brought by Heather McKenzie, Daniel McKenzie, John McKenzie, Deborah West, Michael West, J.M. and O.M., and Community’s motion for summary judgment. Finds the appellees’ claims do not fall within the purview of the Medical Malpractice Act, and the Marion Superior Court properly denied Community’s motion to dismiss. Also finds genuine issues of material fact preclude summary judgment in Community’s favor on the claims involving respondeat superior, negligent training, supervision and retention, and negligence. Finally, finds Community is entitled to judgment as a matter of law, in part, on the respondeat superior claim. Remands with instructions to grant summary judgment in favor of Community on the appellees’ invasion of privacy/intrusion claim.
Community Health wins partial reversal in family records dispute
The Indiana Court of Appeals has partially reversed in favor of a hospital on invasion of privacy and intrusion claims after a family feud between health care employees resulted in comprised confidential health records.
Lawyer-photographer loses appeal of copyright dismissal, must pay more fees
A lawyer and hobbyist photographer known for his litany of federal copyright lawsuits has lost an appeal for the reinstatement of a state-court action and has also been ordered to pay his opponent’s appellate attorney fees.
COA: Removal from sex offender registry makes man’s case moot
A man whose name was removed from Indiana’s Sex and Violent Offender Registry on the state’s volition has successfully sought rehearing at the Indiana Court of Appeals, which has now deemed his case moot.
Tax board ‘acted contrary to law’ by not dismissing CVS valuation appeals
CVS’ voluntary dismissal of two Lake County property tax assessment appeals should have been granted, the Indiana Tax Court ruled Friday, ordering the Indiana Board of Tax Review to dismiss the cases and reinstate original assessed valuations for a span of years for drugstores in Hobart and Schererville.
COA affirms $2.4 million verdict for Hoosier farm in herbicide dispute
The Indiana Court of Appeals affirmed on Friday a more than $2.4 million verdict for an Indiana farm that suffered after its crops were damaged by plant-killing chemicals.
Opinions May 22, 2020
Indiana Supreme Court
Brandon L. Johnson v. State of Indiana
20S-CR-61
Criminal. Reverses the denial of Brandon Johnson’s request to file a belated notice of appeal. Finds the general waiver of Johnson’s “right to appeal,” particularly when contained in the same sentence as an unenforceable waiver of post-conviction relief, was insufficiently explicit to establish a knowing and voluntary waiver of Johnson’s right to appeal his 12-year sentence for his conviction of Level 4 felony dealing in methamphetamine. Remands with instructions for the Orange Circuit Court to grant Johnson’s motion for permission to file a belated notice of appeal. Justice Geoffrey Slaughter dissents without separate opinion.