Township assessor loses appeal
The Indiana Court of Appeals ruled against a township assessor who filed a suit last year after the General Assembly enacted a bill that eliminated her office and transferred her duties to the county assessor.
Indiana Court of Appeals
Articles
COA: Trial delays not defendant’s fault
The Indiana Court of Appeals reversed the denial of a motion for discharge pursuant to Criminal Rule 4(C) because the court incorrectly attributed delays to the defendant.
COA upholds dismissal of proposed class
Potential plaintiffs who want to join a class action suit seeking redress under the state's Wage Claims Statute must first submit a claim to the Indiana Department of Labor, the Indiana Court of Appeals upheld today.
COA declines ruling on constitutionality of plan
The Indiana Court of Appeals declined to address the constitutionality of a Department of Correction program for sex offenders based on the deficient record before it and because the appellate court could decide the case without ruling on the constitutionality of the program.
COA: Insurance funds aren’t a money judgment
In a matter of first impression, the Indiana Court of Appeals decided today that a summary judgment granting insurance policies isn't equivalent to a money judgment that would allow for 8 percent post-judgment interest.
COA: Only deceased’s parent can have visitation
A paternal grandmother whose son was convicted of manslaughter in the death of his child's mother doesn't have standing to petition for visitation with her grandchild under the Grandparent Visitation Act, the Indiana Court of Appeals ruled today.
COA reverses judgment for Ford in liability suit
The Indiana Court of Appeals reversed summary judgment today in favor of Ford Motor Co. in a products liability lawsuit, but the judges disagreed as to whether the manufacturer breached its duty to warn of the dangers of children riding in the front seat with airbags turned on.
Senate passes new COA panel bill
The Indiana Senate has given its OK to add three judges to the state's second highest appellate court.
COA rules on parenting time restriction
Indiana Court of Appeals judges had differing opinions as to whether the trial court was required to enter findings during a hearing in which a mother's parenting time was restricted.
COA: Manufactured home subject to law
The Indiana Court of Appeals determined that manufactured mobile homes are subject to Indiana's common law warranty of habitability, so it reversed the grant of summary judgment in favor of a manufacturer in a homeowner's property damage and personal injury complaint.
COA adopts ‘site-specific’ approach
For the first time, the Indiana Court of Appeals adopted a site-specific approach to rule on an insurance case with multiple policies in several states. The appellate court had been following a uniform-contract-interpretation approach when ruling on choice of law questions in contract actions.
Consent not defense in battery case
Because consent is not a defense to battery when a deadly weapon is used, the Indiana Court of Appeals affirmed a man's convictions of felony and misdemeanor battery on his girlfriend after branding her with a hot knife and hitting her with a cord.
Attorney didn’t commit conversion, malpractice
The Indiana Court of Appeals today affirmed the dismissal of conversion and legal malpractice claims filed in LaPorte County against an Illinois attorney following the settlement of a wrongful death claim in Illinois.
Appeals court rules on payday-loan interest
Even though the Indiana Court of Appeals concluded a business that provides cash advances waived its claim of right to recover for breach of contract, the judges still considered whether the company could recover a payment with more than 300 percent interest tacked on to it.
Judges disagree as to athlete’s eligibility
One Indiana Court of Appeals judge believed his colleagues strayed from the evidence of recruitment and instead focused the family's financial plight when they decided the high school athlete didn't transfer schools primarily for athletic reasons.
COA: Rule of incredible dubiosity not applicable
The Indiana Court of Appeals affirmed a man's domestic battery conviction and sentence, concluding his wife's testimony about the altercation wasn't subject to the rule of incredible dubiosity.
Attorney’s fees can come from damages award
Reasonable attorney's fees may be paid out of the damages award in a wrongful death action, the Indiana Court of Appeals ruled today.
Issues of fact in molestation suit against father
The Indiana Court of Appeals affirmed the denial of a motion of summary judgment by a father accused of molesting two of his adopted sons when they were children.
Judges don’t agree candidate is ‘qualified’
Indiana Court of Appeals judges disagreed as to whether an elected at-large school board candidate was "qualified" under the Indiana Constitution to take office because his election caused three members from the same school district to be on the board.
First impression in jury rule issue
The participation of alternate jurors in discussions of evidence during recesses from trial, as allowed under Indiana Jury Rule 20(a)(8), doesn't violate Indiana statute that prevents alternates from participating in deliberations. The Indiana Court of Appeals ruled on the matter for the first time today.