COA: Juvenile court has no jurisdiction to modify custody agreement
The Indiana Court of Appeals ruled a juvenile court does not have jurisdiction to modify a paternity court’s custody order and sent the case back to the lower court.
Court opinions
Articles
COA majority: Mayor has power to terminate utility superintendent
The Indiana Court of Appeals reversed summary judgment in a split decision Wednesday for former city of Lawrence Utilities Board Superintendent Carlton Curry, finding the newly elected mayor had authority to terminate Curry’s employment and therefore Curry can't prevail on a wrongful discharge claim.
COA affirms $147,000 judgment against smelter manufacturer
The Indiana Court of Appeals affirmed a $147,000 judgment against a manufacturer of lead smelters, finding the trial court did not abuse its discretion when it entered default judgment against the company when it did not respond properly to a complaint.
West Lafayette business owner scores victory in Tax Court
The owner of two shops that sold books, music and other items, as well as rented movies, got a favorable ruling regarding his adjusted gross income tax owed in the Indiana Tax Court Friday.
Justices rule Ed Martin Toyota can relocate to Hamilton County
Three central Indiana Toyota dealers lost their battle to stop a fourth from moving into their vicinity as the Indiana Supreme Court ruled Thursday they did not have standing to stop the move from happening.
7th Circuit: Drivers not entitled to ‘special services’ profit
Truck drivers are not entitled to profits from any “special services” a company they drive for provides, the 7th Circuit Court of Appeals affirmed Wednesday, because the language supporting such a claim isn’t in the contract.
Justices: Divorced parents don’t have to pay graduate school costs for their children
In a unanimous decision, the Indiana Supreme Court ruled divorced parents cannot be obligated to pay the graduate or professional school expenses of their adult children in a case where a mother and father were forced to share a child’s dental school expenses after she completed her undergraduate degree.
COA: Mother justified in deciding not to work as doctor
In a child support case in which a man challenged the decision by his son’s mother to quit her job as a doctor to stay at home with her children, the Indiana Court of Appeals found she had just cause to do so based on the sons’ special needs.
Suspended attorney’s UPL convictions upheld
The Indiana Court of Appeals affirmed a suspended Elkhart attorney’s convictions of practicing law by a non-attorney after ruling there is sufficient evidence he continued to provide legal work after he was disciplined by the Indiana Supreme Court two years ago.
Division of judgment in failed care facility financing affirmed
A former Indiana lawmaker and his business partners must pay a pro rata share of a deficiency judgment over defaulted financing for a rehabilitation care facility in Liberty, Indiana, the Court of Appeals affirmed Tuesday.
Although unlicensed in county, contractor still owed for work
The Indiana Court of Appeals ruled a contractor violated the Home Improvement Contracts Act when he misled a family into thinking he was locally licensed and voided the contract between the two. However, the court said he should still be paid for the work he did because the family would be unjustly enriched if he was not paid.
Contract’s ambiguities win homeowners a reversal
Owners of a shabbily built house will get another chance to hold their architects accountable for the construction headaches after the Indiana Court of Appeals found there are questions of material fact that should be considered.
COA affirms child care worker’s convictions of sex with minors
A Putnam County man convicted of multiple counts of sex with minors under his care failed to convince the Indiana Court of Appeals that evidence against him was improperly admitted in his bench trial.
Stepfather who proved paternity can’t deprive ex of joint custody
A man who fathered a child while the mother was married to another man lost his appeal Tuesday that sought relief from a court order concerning the child's custody.
7th Circuit: Probationary phone records are admissible evidence
The 7th Circuit Court of Appeals has ruled evidence of a deceased man’s phone numbers provided to his probation officer is not inadmissible hearsay and those records should be included in another man’s criminal case.
COA: Court cannot order juvenile to pay restitution as a civil judgment
The Indiana Court of Appeals ruled a trial court may not order a juvenile to pay restitution as a civil judgment after a minor was ordered to pay restitution in two cases where he violated his probation.
COA: Man did not have expectation of privacy after he was tracked by GPS
Tracking of man by GPS did not violate his Fourth Amendment or Indiana constitutional rights, the Court of Appeals ruled, because he did not have a reasonable expectation of privacy. The appellate court upheld Joseph Sidener's Class C felony burglary conviction and the finding he is an habitual offender.
COA rules DCS has duty to protect caller’s identity
The Indiana Court of Appeals ruled in a 2-1 decision the Indiana Department of Child Services had a duty to protect a man’s identity after he called the DCS hotline and reported his neighbors’ children as children in need of services.
7th Circuit upholds lifetime supervised release
The 7th Circuit Court of Appeals on Tuesday affirmed a federal judge’s findings and explanations were sufficient to support lifetime supervised release for 66-year-old man in poor health.
COA: Gun evidence lawfully obtained
In its third Fourth Amendment case in two weeks, the Indiana Court of Appeals ruled evidence obtained during a stop of a man who was loitering around an apartment complex and then left suspiciously was lawfully seized. The judges affirmed the trial court’s denial of his motion to suppress on interlocutory appeal.