IN Supreme Court to hear oral arguments in wind turbine, adoption cases
The Indiana Supreme Court is set to hear two oral arguments next week involving a wind turbine access dispute and a challenge to an adoption proceeding.
Indiana Court of Appeals
Articles
COA reverses setting aside of tax deed, finds ‘constitutionally adequate’ notice
The failure of two property owners to receive any of the multiple notices sent to them regarding the tax sale of their property did not create an “exceptional” case warranting the setting aside of the tax deed, the Court of Appeals of Indiana has ruled.
COA affirms summary judgment, rules for landlord in dog bite case
A landlord whose tenant’s pit bulls bit a mail carrier isn’t liable for damages, the Court of Appeals of Indiana ruled in affirming a trial court’s summary judgment ruling.
In 1st impression case, COA reverses life insurance subsidization as part of equalization payment
Addressing an issue of first impression, the Court of Appeals of Indiana has reversed an order for a man to subsidize his ex-wife’s life insurance premiums as part of an equalization payment, finding that order violated state statute.
COA affirms child molesting convictions, 41-year sentence
A man challenging his child molesting convictions and 41-year sentence found no relief at the Court of Appeals of Indiana.
Oil company established affirmative defenses against liability in man’s death, COA rules in reversal
An oil company sued by the widow of a man who died using its product established affirmative defenses against liability and should have been granted summary judgment, the Court of Appeals of Indiana ruled in reversing a lower court’s decision.
COA reverses, remands summary judgment denial after explosion death
An Evansville car dealer is entitled to summary judgment in an accidental death case in which a man’s widow claimed negligence, the Court of Appeals of Indiana ruled in reversing and remanding the denial of summary judgment.
Indiana Court Decisions: March 22-April 5, 2023
Read Indiana appellate court decisions from the most recent reporting period.
COA dismisses appeal of woman kept off May 2022 GOP primary, citing mootness
A would-be candidate in last year’s Republican primary cannot now appeal the challenge to her candidacy that ultimately kept her off the ballot.
COA: Woman voluntarily committed felony meth possession in penal facility by disregarding state trooper’s warnings
A woman voluntarily committed felony possession of methamphetamine in a penal facility when she chose not to heed a state trooper’s warnings, the Court of Appeals of Indiana has ruled in affirming a lower court’s decision.
COA upholds damages award after general manager is fired from restaurant
An “insignificant difference” between the damages a small claims court awarded and the damages the Court of Appeals of Indiana calculated led the appellate court to affirm the damages award in a breach of contract case Thursday.
COA: Trial court misinterpreted right of first refusal language in family trust
A man who had a right of first refusal to his late mother’s home should have been allowed to receive the home at its value at the time of his mother’s death, rather than the value of a purchase offer, the Court of Appeals of Indiana has ruled.
Trial court erred in awarding damages to landlord, COA finds
A landlord was not entitled to damages and was ordered to return a security deposit after the Court of Appeals of Indiana found error at the trial court.
COA grants rehearing, reaffirms that constitutional violations were harmless
The Court of Appeals of Indiana granting rehearing Monday to a criminal recklessness case to clarify its reasoning as to why a constitutional violation was harmless error.
COA overturns attorney fees award in dispute between ex-pharmacist, Pharmacy Board
A pharmacist convicted of producing and distributing adulterated drugs was not entitled to attorney fees in his case against the Indiana Board of Pharmacy, which was entitled to immunity, the Court of Appeals of Indiana has ruled.
COA: Stepfather gets custody of children, father still has parenting time
An adoption and custody case has made its way to the Court of Appeals of Indiana for the second time, this time with the court agreeing that even though the father has shown growth in his parenting ability, the stepfather can have custody of two children.
Evidence supports ‘gravely disabled’ finding for appellant ordered to temporary commitment, COA affirms
A woman ordered to a temporary mental health commitment has failed to convince the Court of Appeals of Indiana that a trial court wrongly determined she was gravely disabled.
Indiana Court Decisions: March 9-21, 2023
Read the latest Indiana appellate court opinions from the most recent reporting period.
COA upholds habitual offender enhancement as timely filed
A habitual offender enhancement that was filed 21 days before a trial that was eventually rescheduled was not untimely, the Court of Appeals of Indiana has ruled.
COA affirms, reverses, remands in broken lease case
A Court of Appeals of Indiana opinion in a case involving the breach of a lease split three ways Monday, with the appellate court affirming in part, reversing and remanding the case back to a lower court.