Articles

COA affirms breach, fraud, unjust enrichment claims brought by bank

A bank that brought breach of contract, fraud and unjust enrichment claims against its loanee won each of those claims on appeal, but failed to state a claim that the loanee violated the “usual and customary practices” laid out in its participation agreement, according to a Friday opinion from the Indiana Court of Appeals.

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Jury award of $21M in drunk driving crash upheld

A Marion County jury’s award of more than $21 million to a passenger rendered paraplegic when an intoxicated friend crashed his truck after a night of drinking was upheld Friday by the Indiana Court of Appeals. 

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Siblings’ trust agreement enforced in probate splits COA

The termination and division of a multi-generational trust containing more than 422 acres of land was affirmed Thursday by the Indiana Court of Appeals, which split on the question of whether a probate court could adjudicate a separate agreement between two heirs.

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COA sends houseboat dispute to arbitration

A dispute between the purchasers and supplier of a Daviess County houseboat must go to arbitration after an Indiana appellate panel determined a trial court ruling did not overrule an arbitration clause signed by both parties.

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Passenger’s drug, gun convictions from traffic stop affirmed

A passenger convicted of drug and gun felonies after he briefly stepped out of a car when police pulled it over lost his appeal Thursday. The Indiana Court of Appeals affirmed Gregory Wayne Parks’ convictions of Level 4 felony unlawful possession of a firearm by a serious violent felon, Level 5 felony dealing in marijuana and two counts of Level 6 felony possession of a controlled substance.

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Habitual offender enhancement vacated for failure to inform

The Indiana Court of Appeals reversed a man’s habitual-offender finding and sentence when it found his previous jury-trial waiver was not made with sufficient awareness of the relevant circumstances, and therefore did not apply to the later-filed habitual-offender enhancement.

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COA: Jury trials unavailable for expungements 

A Jasper County man who argued the trial court erred in denying his request to expunge a school suspension from his record and in not holding a jury trial has lost both arguments on appeal, with an appellate panel specifically holding that expungement issues are not entitled to a jury trial.

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