Articles

COA: Woman, not bank, entitled to foreclosure surplus funds

A trial court misapplied the law regarding disbursement of surplus sale proceedings from a sheriff’s sale when it ordered the full surplus to the bank that owned the first mortgage on the home, the Indiana Court of Appeals held. The law requires the surplus to go to the mortgage debtor.

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DCS agrees more caseworkers needed, argues against suit

Indiana’s Legislature and governor have failed to provide resources to ensure sufficient case managers to protect children and families, a lawyer representing the Department of Child Services told the Indiana Court of Appeals Wednesday. But she argued a caseworker’s lawsuit against the agency was the wrong way to enforce state law requiring those workers have no more than 17 cases each.

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On rehearing, judges find investigator’s photos admissible

The Indiana Court of Appeals granted rehearing to a case involving a lawsuit brought by a man injured by a sheriff deputy’s vehicle while he walked along the side of the road. The divided court held certain evidence, including an investigator’s affidavit and photos, are admissible at trial.

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Evidence supports order to raze uninhabited home

The Grant County Area Plan Commission provided enough evidence to support the trial court’s decision to order a home torn down because it is not up to code and is uninhabitable, the Indiana Court of Appeals ruled Wednesday.

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Brutal Indy home invasion leader gets sentence tweak

The alleged ringleader of six men who brutalized, shot and sexually assaulted three north side Indianapolis residents in their home will still likely spend the rest of his life behind bars after the Indiana Court of Appeals modestly reduced his sentence Tuesday.

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Power of attorney may trump guardianship order

An elaborate court ruling that sought to bring family harmony by appointing each of six siblings as co-guardians over a specific area of their elderly mother’s life may have hit a sour note because of a 12-year-old power of attorney which remains valid.

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