Court opinions - The Indiana Lawyer

Opinions Dec. 11, 2019

December 11, 2019

Indiana Court of Appeals
Jun Li and Jimmy Chung Fai Tam v. NextGear Capital, Inc.
19A-CC-608
Civil collection. Reverses the denial of Jun Li’s motion to set aside default judgment in a complaint filed by NextGear Capital, Inc. Finds Li has demonstrated grounds for setting aside the entry of default judgment pursuant to Trial Rule 60(B)(1) and has alleged a meritorious defense. Also finds the trial court abused its discretion in denying his motion to set aside default judgment. Remands for further proceedings. Judge Margret Robb concurs with separate opinion.

Split COA affirms ex-doctor’s probation revocation

December 11, 2019 | Katie Stancombe

An order for a former doctor involved in a pill mill scheme to serve thousands of days in jail for violating probation has been affirmed. A divided Indiana Court of Appeals panel concluded there was enough evidence to prove a new offense was committed.

Findings not made to dispense with biological father’s adoption consent

December 11, 2019 | Katie Stancombe

The Indiana Court of Appeals has remanded a granted adoption petition after finding a trial court failed to make findings that would allow for the children’s biological father’s consent to be dispensed with.

COA: Elkhart pastor incorrectly found in contempt, ordered to jail

December 11, 2019 | Katie Stancombe

A years-long dispute between an Elkhart pastor and members of his congregation has resulted in a reversal from an appellate panel that determined a trial court erred in ordering the faith leader to spend one month in jail.

Default judgment reversed in car dealership collections case

December 11, 2019 | Olivia Covington

Default judgment against a former auto dealership executive has been set aside after the Indiana Court of Appeals found excusable neglect in an executive’s failure to adequately respond to a collections complaint.

Split COA: Prosecutor can file for paternity at putative father’s request

December 11, 2019 | Dave Stafford

A divided panel of the Indiana Court of Appeals has reversed the dismissal of an alleged father’s time-barred petition seeking to establish paternity of a child. The majority held a prosecutor is authorized to pursue such a request outside the general two-year statute of limitations. A dissenting judge, however, warned the holding “makes a mockery” of the two-year statute of limitations in paternity cases.

Indiana Court decisions – Nov. 20-Dec. 4, 2019

December 11, 2019

Read Indiana appellate court decisions from the most recent reporting period.

Opinions Dec. 10, 2019

December 10, 2019

Indiana Court of Appeals
Lake & Forest Club, Inc. v. Beulah Hamilton, et al. (mem. dec.)
19A-MI-1695
Miscellaneous. Affirms the dismissal of Lake & Forest Club, Inc.’s petition for judicial review of a decision of the Jackson County Board of Zoning Appeals. Finds the trial court did not err in dismissing the petition. Finds the club could not circumvent the requirement for timely filing the board record by filing an amended petition.

Appeals court affirms TPR despite trial court’s error

December 10, 2019 | Katie Stancombe

A trial court’s error in denying a mother’s motion to separate witnesses during her termination of parental rights hearing was harmless, and therefore reversal was not mandated, the Indiana Court of Appeals has ruled.

Tax Court upholds Elkhart CVS store assessment

December 10, 2019 | Katie Stancombe

A CVS pharmacy store in Elkhart could not persuade the Indiana Tax Court to rule in its favor in an appeal of the Indiana Board of Tax Review’s final determination of its property value.

Opinions Dec. 9, 2019

December 9, 2019

Indiana Court of Appeals
Scott Shields v. Town of Perrysville
19A-MI-00979
Miscellaneous. Affirms the Vermillion Circuit Court’s judgment in favor of the Town of Perrysville on its quiet title action against Scott Shields. Finds the trial court did not clearly err in rejecting Shield’s claim of abandonment. Declines to reweigh evidence and reassess witness credibility regarding an expert survey.

COA affirms for snow removal service in slip-and-fall case

December 9, 2019 | Katie Stancombe

The Indiana Court of Appeals has affirmed a snow removal company sued by a woman in a slip-and-fall case was not required to apply salt to an apartment complex’s premises absent a specific request that it do so.

COA reverses murder conviction in trailer fire over suspect’s statements

December 9, 2019 | Katie Stancombe

The Indiana Court of Appeals has reversed a man’s murder conviction stemming from a trailer fire. The appellate court concluded the man was incorrectly denied his motions to suppress incriminating statements made to police after he indicated he was done talking to them.

COA affirms quiet title judgment for property-line dispute

December 9, 2019 | Katie Stancombe

The Indiana Court of Appeals has affirmed a decision ordering a man to tear down a fence he installed outside of his property line that enabled him to block an alleyway with his vehicle.

Reversal: Dealing narcotics conviction not supported by sufficient evidence

December 5, 2019 | Katie Stancombe

The Indiana Court of Appeals has reversed a woman’s felony conviction for dealing narcotics, finding there was insufficient evidence to prove she committed the crime.

4th Amendment argument fails in fatal hit-and-run case

December 5, 2019 | Katie Stancombe

A man could not convince an appellate panel that his Fourth Amendment rights were violated when his vehicle was towed without a warrant in an investigation of a deadly hit-and-run.

Burglary conviction upheld in dispute over pet cats

December 5, 2019 | Katie Stancombe

A man who battered and blinded another man for sending his pet cats to an animal shelter lost his appeal of his felony burglary conviction Wednesday.

Dismissal upheld in Steak ‘n Shake parent shareholder dispute

December 4, 2019 | Katie Stancombe

The Indiana Court of Appeals has affirmed the grant of a motion to dismiss a lawsuit stemming from a shareholder dispute involving the parent company of Steak ‘n Shake.

Trespass conviction overturned for man banned from government building

December 4, 2019 | Olivia Covington

A trespassing conviction has been vacated for a man who was banned from the Evansville government complex, with the Indiana Court of Appeals addressing first-impression issues of whether outright bans from public buildings are permissible.

Tax Court finds assessment properly included land

December 4, 2019 | Marilyn Odendahl

A tenant leasing 31,000 square feet for the operation of five restaurants on the ground level of a parking garage owned by the city of Indianapolis found the Indiana Tax Court had no appetite for the argument that the lease included only the building and not the land underneath.

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