COA affirms default judgment for mortgagor, finding appeal untimely
A request to reconsider a default judgment on a voided mortgage was denied after the Court of Appeals of Indiana concluded the appeal was untimely.
Indiana Court of Appeals
Articles
COA: Open door lawsuit requires a bond to continue
Residents of Cass County who challenged the local government’s actions to lure a zinc oxide manufacturing facility to their community will have to put more skin in the game to continue their fight after the Court of Appeals of Indiana found they filed a public lawsuit that requires the setting of a bond.
Unchanged situation justifies custody reversal, COA rules
Divorced parents who feuded so much they were described as having “drawn their swords” battled over custody of their child such that two trial court judges differed on which parent should have primary custody, but the Court of Appeals of Indiana determined the considerations of the case “make it rather straightforward” that the father should be the primary custodial parent.
Interest exclusion in foreclosure case based on pandemic emergency orders reversed
A bank seeking to foreclose on an Indiana property can collect interest accrued during the early days of the COVID-19 pandemic despite emergency court orders tolling interest, the Court of Appeals of Indiana has ruled.
Split COA affirms dismissal of adult charge against man for alleged acts as teen
Determining the heart of the issue was “a lack of clarity in the Indiana Code,” a split Court of Appeals of Indiana panel ruled an adult criminal court rightly dismissed, for lack of jurisdiction, a child molesting charge against a man who allegedly forced a preteen to have sex with him when he was 16.
COA allows students’ COVID breach complaints against IU, Purdue to proceed
Lawsuits filed by students at Indiana and Purdue universities alleging breaches of contract when the schools moved to online learning because of the COVID-19 pandemic will proceed, the Court of Appeals of Indiana has ruled.
IN justices: Forfeited funds can’t be released for defense, but summary judgment for state was inappropriate
A trial court cannot release money seized from a defendant back to the defendant for the purpose of funding his or her defense, the Indiana Supreme Court has ruled. However, the forfeiture action in question will continue after the high court reversed summary judgment for the state.
No ineffective counsel, habeas relief for man convicted of rape, domestic battery in state court
A man convicted of rape and battery against his ex-girlfriend in state court has failed in his bid to win habeas relief at the federal level.
DTCI: Admitting past medical expense evidence when plaintiff’s counsel does not: An update
In August 2019, this writer co-authored in these pages a discussion of admitting past medical expense evidence when plaintiff’s counsel elects not to do so. Two years later, the Indiana Court of Appeals has spoken on the issue.
Indiana Court Decisions – March 10-23, 2022
Read Indiana appellate court decisions from the most recent reporting period.
Waterlogged tenants fail to sink privity requirement at COA
Although the tenants of an office that flooded after a sprinkler system malfunctioned floated “compelling arguments” as to why the sprinkler company should reimburse their insurance carriers for the damage, the Court of Appeals of Indiana was anchored by precedent which holds that the requirement of privity still stands in the property-damage context.
COA: Trial court harmlessly erred in denying direct questioning of prospective jurors
A St. Joseph County man convicted of involuntary slaughter for a drug deal gone wrong should have been permitted to directly question prospective jurors, but that error was ultimately harmless, the Court of Appeals of Indiana has ruled.
COA: Property transfer for Munster redevelopment an equitable mortgage, not sale
A sale of property in Munster that was subsequently transferred from the buyer to the town for redevelopment purposes was not a sale triggering a payment provision for the original owner, but an equitable mortgage, the Court of Appeals of Indiana has ruled.
Mother’s neglect of dependent resulting in death conviction upheld
A woman convicted of felony neglect of a dependent resulting in death after she left her infant son in the care of his father, who she knew had previously expressed thoughts of harming the child, did not find relief from the Court of Appeals of Indiana.
In 1st impression case, IN justices extend independent physician liability to nonhospitals
The Indiana Supreme Court issued a reversal in a case of first impression Thursday, finding that independent physician liability extends to nonhospital facilities that provide patients with health care.
Ex-band director’s texts to student splits COA on ‘harmful to minors’ debate
The Court of Appeals of Indiana has split on an internet-related issue in a case involving harmful content for minors after an ex-band director was handed a felony charge for text messages he sent to a former student.
COA affirms convictions of man who attempted to rape granddaughter, but remands for clarification
While the Court of Appeals of Indiana didn’t overturn a Logansport man’s convictions for attempting to rape his granddaughter, the Cass Circuit Court will need to go back and clarify the record on his judgment and sentencing.
COA reverses custody change for man who didn’t appear at hearing
A Bloomington man who claimed he never received notice of a court hearing established prima facie error in a case where the mother of his child was awarded custody and parenting time, prompting the Court of Appeals of Indiana to reverse and remand to the trial court.
Father loses appeal of 12-year sentence for sexual violence against daughter
A father convicted of sexually violent acts against his adult daughter could not convince the Court of Appeals of Indiana that his 12-year executed sentence should be reduced. Rather, the appellate court found that the facts would support the imposition of a longer sentence, although it declined to do so.
COA upholds drug-related convictions in objection of evidence dispute
A Beech Grove man convicted on several drug counts who originally stated that he had no objection to the admission of evidence found during a search of his car did not sway the Court of Appeals of Indiana that the same evidence should be now be suppressed.