COA: Dollar Tree can open on former Walgreens lot
The denial of an Indianapolis property owner’s request to put a Dollar Tree in a vacant drugstore building was an abuse of discretion, the Indiana Court of Appeals affirmed in a Friday decision.
Court opinions
Articles
COA reverses denied for-cause challenge against unwilling juror, orders new trial
A wrongful death case will proceed to retrial after the Indiana Court of Appeals reversed the denial of a woman’s motion to strike a potential juror who expressed an unwillingness to decide the question of damages.
Opinions Oct. 3, 2019
Indiana Court of Appeals
Bart M. Betteau v. Robert Headrick and Karen Headrick (mem. dec.)
18A-MI-2610
Miscellaneous. Affirms the Floyd Superior Court’s ruling that Robert and Karen Headrick are owners of an easement allowing use of a gravel driveway that runs across Bart Betteau’s property. Finds the Headricks have a right to use the gravel driveway along the path it followed at the time the Headricks and Betteau took title to their respective properties. Also finds the trial court did not err in assessing the Headricks and Betteau each half the maintenance cost for the portion of the gravel driveway that is utilized by both parties.
COA upholds 75-year sentence in kidnapping, confinement
A man who stalked and kidnapped two women at gunpoint and led police on a vehicle chase couldn’t persuade the Indiana Court of Appeals to reduce his aggregate 75-year sentence.
Opinions Oct. 2, 2019
Indiana Court of Appeals
James A. Ringley v. Caliber Home Loans, Inc. (mem. dec.)
19A-MF-782
Mortgage foreclosure. Affirms the Hamilton Superior Court’s order denying James Ringley’s motion to set aside the judgment entered in favor of Caliber Home Loans, Inc. Finds the trial court did not abuse its discretion when it denied Ringley’s motion to set aside the judgment in favor of Caliber.
Justices’ rent-to-own ruling helps consumers, lawyers say
The Indiana Supreme Court reviewed a dispute over a rent-to-own contract and determined the family who had been living in the home were renters, not buyers. The ruling in Rainbow Realty Group, Inc., et al. v. Katrina Carter and Quentin Lintner, might give families who enter rent-to-buy contracts some remedy to prevent their dreams of homeownership from becoming a nightmare.
Indiana Court Decisions – Sept. 12–25, 2019
Read Indiana appellate decisions from the most recent reporting period.
Video hearings did not result in unfair or harmful juvenile proceedings
Two juveniles will remain wards of the Indiana Department of Correction after the Indiana Supreme Court found that while their participation in their modification hearings through Skype violated an administrative rule, it did not cause a fundamental error.
COA affirms dismissal of mom’s false arrest claims
The Indiana Court of Appeals has affirmed the dismissal of a mother’s complaint against a deputy chief of police, which alleged he created a false affidavit for her arrest after she allegedly touched her child in an “abusive” manner.
Plaintiffs in RTFA dispute ask Indiana Supreme Court for review
Neighbors to an 8,000-head hog farm are asking the Indiana Supreme Court for relief, arguing Indiana’s Right to Farm Act does not give blanket immunity to all negligence and trespass claims. Martin Richard and Janet Himsel and Robert and Susan Lannon have filed a petition to transfer their complaint over a concentrated animal feeding operation near their farms in Hendricks County.
Reversal: Jury instruction on man’s failure to mitigate damages was error
A man who claimed a semi-truck driver and the driver’s employer caused him personal injuries after an interstate collision will receive a new damages trial after the Indiana Court of Appeals found that an instruction given to the jury on the man’s failure to mitigate his damages was erroneous.
Sex offender registration requirement reversed for voyeurism conviction
A man convicted of voyeurism won’t have to register as a sex offender, the Indiana Court of Appeals ruled, concluding the man was not convicted of a crime requiring that he do so.
Opinions Sept. 26, 2019
Indiana Court of Appeals
Termination: A.B., et al. v. Indiana Department of Child Services
19A-JT-00487
Juvenile termination. Affirms the Steuben Circuit Court did not abuse its discretion in admitting drug test evidence from parents A.B. and J.R. Finds there is sufficient evidence to support the termination of the parent-child relationships with their children K.R., J.T.R., J.L.R., and E.R. Finds there is a reasonable probability that the conditions that resulted in the children’s removal will not be remedied.
COA affirms denial of insurer’s motion to set aside default judgment
An insurance company failed to persuade the Indiana Court of Appeals to set aside a $400,000 default judgment against its insured defendants based on the argument that it had an interest in limiting future liability related to the underlying truck crash liability lawsuit.
Admission of parents’ drug tests upheld in TPR case
Parents who objected to the admission of drug tests in their termination of parental rights hearing were unable to convince the Indiana Court of Appeals that their children would not be affected by their drug use. The panel affirmed removal would be in the children’s best interests.
Opinions — Sept. 25, 2019
Indiana Court of Appeals
Kurt McElroy v. State of Indiana
18A-CR-2930
Criminal. Affirms the Marion Superior Court’s denial of Kurt McElroy’s motion to suppress the evidence of marijuana and a handgun found during a search of his home. Finds McElroy’s Fourth Amendment rights were not violated by the officers’ search of the common areas of the residence, specifically the kitchen, and the subsequent seizure of the handgun. Likewise, finds the officers did not violate his state constitutional rights.
Opinions Sept. 24, 2019
Indiana Court of Appeals
Feather Trace Homeowners Association, Inc. v. Donald R. Luster
19A-SC-300
Small claims. Reverses the Marion Superior Small Claims Court’s judgment in favor of homeowner Donald Luster against the Feather Trace Homeowners Association. Finds no cases holding that abrogation of homeowner association dues and assessments is the appropriate remedy for an owner’s dissatisfaction with the way an HOA is performing or the conditions or quality of the neighborhood and its amenities. Remands with instructions to enter judgment in favor of the HOA and to calculate the amount owed by Luster.
Transfer dissent: Justices should ‘clear up uncertainty’ about disclosure of private information
Indiana Chief Justice Loretta Rush has penned a dissent to the denial of transfer to a case involving public disclosure of private health information, calling the transfer decision a missed opportunity “to clear up uncertainty” regarding whether disclosure is actionable.
Reversal: Appeals court strips charter schools of $8.5M tuition judgment
Several Indiana charter schools couldn’t convince an Indiana Court of Appeals panel that they are entitled to a semester’s worth of tuition support funding, as a trial court had ruled.
Appellate court affirms TPR case involving drug abuse
A mother struggling with drug abuse did not convince the Indiana Court of Appeals on Tuesday that her parental rights for her two sons should not be terminated.