The Indiana Court of Appeals held Tuesday that a dismissal based on the failure to provide an appraisal with an offer to purchase property for road work improvements was not an adjudication on the merits, allowing a city’s counterclaim for appropriation of the property to be dismissed without prejudice.
A Gibson County farmer may not bring a nuisance claim against a neighboring dairy that dramatically expanded its operations to what he called a “factory-like ‘mega-farm,’” the Indiana Court of Appeals ruled.
A suspended Gary attorney who was awarded a quiet title to an abandoned, foreclosed property after he entered a house without authorization and began to maintain it was stripped of the title Tuesday by the Indiana Court of Appeals.
A lengthy divorce proceeding involving two Fort Wayne attorneys that raised numerous issues on appeal was mostly affirmed Tuesday, but a dissenting judge cautioned that joint custody was not in the interest of the of the feuding parents’ daughter.
The evidence presented at trial did not support a defendant’s request to instruct the jury on reckless homicide as a lesser offense of murder, the Indiana Court of Appeals ruled.
Finding that there are genuine issues of material fact as to whether an employee was acting on his own behalf or on behalf of his company when he sought a law firm’s services, the Indiana Court of Appeals ordered more proceedings on the firm’s complaint for payment.
The Indiana Court of Appeals concluded Tuesday that summary judgment should have been granted in favor of Vincennes University on a former basketball coach’s lawsuit alleging breach of contract after the university did not renew his contract for the following year.
The Indiana Court of Appeals was presented with an issue for the first time: whether a child support order should be reduced for the time a child is living on campus when a court has found that the child has repudiated the non-custodial parent, and on that basis refused to enter an educational support order.
The dissenting judge in a case involving the dismissal of a company’s petition for judicial review of a decision by the Alcohol and Tobacco Commission believed the petition must be dismissed based on the language of the Administrative Orders and Procedures Act. The majority ordered resolution of the issue on the merits.
Finding that a construction supervisor’s receipt of unemployment benefits didn’t preclude him from eligibility for temporary total disability benefits, the Indiana Court of Appeals affirmed a total award of more than $61,000 to the injured worker.
Worried that upholding a man’s conviction based solely on DNA presence on a glove found at a crime scene would create a precedent for criminals to frame someone else, the Indiana Court of Appeals reversed a burglary conviction out of St. Joseph County.
A southern Indiana man was not able to convince the Indiana Court of Appeals that the court should overturn his convictions of murder and other charges for stabbing his stepdaughter.
Inaction by the Bureau of Motor Vehicles to update a man’s driving record to reflect his lifetime suspended license is not enough to nullify a statutory requirement that his lifetime suspension be imposed, the Indiana Court of Appeals ruled Wednesday.
The Indiana Court of Appeals upheld the suppression of evidence in a man’s drunken-driving case, finding police did not have reasonable suspicion to pull the man over because he was driving left of center on a county road to avoid poor road conditions.
The Lake County-based Women Lawyers Association will pay tribute to Indiana Justice Loretta Rush, the state’s second female justice, during a reception next month.
An argument over the wording of the state’s robbery statute gave the Indiana Court of Appeals pause but ultimately did not sway its ruling in affirming a conviction of conspiracy to commit robbery resulting in serious bodily injury.
A Marion County man’s admission of a probation violation is not enough to revoke his probation without an evidentiary hearing, the Indiana Court of Appeals has ruled.
Citing several cases from other jurisdictions, the Indiana Court of Appeals concluded that brief contact with the fog line or swerving within a lane ordinarily is not sufficient to establish reasonable suspicion of impaired driving.
The Indiana Court of Appeals agreed with a convicted murderer that his bloody shoe should not have been admitted into evidence, but the judges did not overturn the conviction, ruling other substantial independent evidence supported the guilty verdict.
An Indianapolis man’s claim that the state failed to disprove his claim of self defense did not persuade the Indiana Court of Appeals to revisit his two murder convictions and sentence of 115 years in prison.