COA still finds supervised visitation argument moot
After acknowledging that a father did file a reply brief arguing the issue of supervised parenting time was not moot, the Indiana Court of Appeals on rehearing still found his argument to be moot.
Court opinions
Articles
COA affirms parental termination in child’s best interest
A mother’s inability to adequately care for her child, leading to the girl’s failure to thrive, supports the termination of mother’s parental rights, the Indiana Court of Appeals held Thursday.
Owners of spooked horse entitled to summary judgment in negligence suit
The Indiana Court of Appeals ruled Thursday that the owners of a horse that trampled a man after getting loose at the Marshall County 4-H Fairgrounds didn’t have reason to know the horse had any dangerous propensities prior to the accident. The court affirmed summary judgment in a negligence lawsuit on the issue.
Having the ingredients is not proof of a man’s intention to cook
Despite the state’s attempt to convince the Indiana Court of Appeals that its decision in a similar case was erroneous, the panel upheld precedent and found that a man’s possession of cold tablets and batteries is not proof he intended to manufacture methamphetamine.
Warrick County man’s land correctly classified as residential excess acreage
A Warrick County man fighting the 2009 tax year assessment of his land received only a partial victory in the Indiana Tax Court Tuesday. The validity of his 2009 assessment will stand.
Participation in travel soccer league supports modifying custody
The Indiana Court of Appeals reversed the denial of a mother’s request to modify a custody order entered in 2007 when her children were in grade school, finding their participation in travel soccer leagues and the distance between the parents’ homes warrants a change.
Sub shop’s appeal 86’d by court
A Jersey Mike’s Subs located in the now-closed College Football Hall of Fame in South Bend didn’t have the right to continue operating in the Hall of Fame building, according to the Indiana Court of Appeals’ interpretation of the operating agreement.
Lilly scientists stole $55M in secrets, indictment alleges
Three former employees of Eli Lilly and Co. allegedly transferred trade secrets that Lilly values at more than $55 million to a competing Chinese drug company, according to an indictment unsealed Tuesday in federal court.
‘Notre Dame 88’ lawyer cleared in discipline case
An attorney who argued that a judge’s bias warranted her recusal from a case involving pro-life students arrested for protesting the announcement of President Barack Obama’s appearance at the University of Notre Dame was cleared of disciplinary charges Tuesday.
Trial court’s suppression order binding to ethics commission
After turning to the Indiana State Ethics Commission when a trial court ordered the evidence in a theft case suppressed, the state was reminded it “does not get a second bite at the apple.”
Walking down sidewalk while drunk does not meet new conditions for public intox, COA rules
Four criteria added to the state’s public intoxication statute in 2012 presented the Indiana Court of Appeals with a question of first impression when it considered a man’s arrest for being drunk in a public place.
COA reverses involuntary termination order for a second time
The Indiana Court of Appeals sharply rebuked a trial court as having “committed clear error” by relying on old evidence and testimony in terminating a Vanderburgh County couple’s parental rights.
Court rules for widow in Holiday World suit
The widow and children of the late William Koch Jr. can keep their shares in the southern Indiana theme park, Holiday World and Splashin’ Safari, after a ruling by the Indiana Court of Appeals concluded that William’s brother, Dan Koch, and Koch Development Corp. offered too little money for the shares.
Misplaced court order not the same as undelivered, COA rules
Reviewing an appeal arising from a misplaced court order, the Indiana Court of Appeals has made clear that relief under Indiana Trial Rule 72(E) requires evidence that counsel did not receive the court’s notice.
Tax sale stands even though mortgage holder not notified
The Indiana Supreme Court upheld 20 years of precedent in finding that a county auditor is obligated to notify a mortgage holder of an impending property sale only when that mortgage holder specifically requests a notice.
Justices: Child support agreement must apply changing guidelines
A father whose annual income included varying bonuses and commissions is obligated to provide child support payments in line with evolving guidelines, despite a support agreement made a year earlier than the rules were revised, the Indiana Supreme Court ruled.
Parental termination remanded over substitute magistrate’s findings
A father’s due process rights were violated when a juvenile court stripped him of parental rights based on findings of facts prepared by a magistrate who did not hear from and observe witnesses, the Indiana Court of Appeals ruled Wednesday. The magistrate took over the case after another magistrate, who had conducted the evidentiary hearing in his case, resigned.
Jury rulings stand in U.S. Steel carbon monoxide poisoning case
A jury’s determinations in a case brought by a contractor who suffered severe carbon monoxide poisoning working at the U.S. Steel plant in Gary were affirmed Wednesday by the Indiana Court of Appeals.
COA affirms ruling clearing consulting doctor in death case claiming negligence
A trial court properly granted summary judgment to a doctor defending a negligence case brought by the estate of a man who died, the Indiana Court of Appeals ruled Wednesday, finding no doctor-patient relationship existed.
Arbitrator’s unavailability will not stop arbitration from starting
The Indiana Court of Appeals has found an arbitration agreement’s “plain language” trumps a woman’s attempt to stop the alternative dispute resolution process.