COA affirms $2.4 million verdict for Hoosier farm in herbicide dispute
The Indiana Court of Appeals affirmed on Friday a more than $2.4 million verdict for an Indiana farm that suffered after its crops were damaged by plant-killing chemicals.
Judge Elaine B. Brown
Articles
Justices reduce sentence for man convicted of rape
In granting a petition to transfer, Indiana Supreme Court justices lowered a man’s sentence after he was convicted of three counts of felony rape. A dissenting justice, however, would have denied transfer in the case.
Reversal finds for DCS in dad’s negligence suit after son’s death
A father who sued the Indiana Department of Child Services after his son died in the custody of his mother and her boyfriend was barred from continuing with his lawsuit Wednesday by the Indiana Court of Appeals. A panel of judges ruled for DCS, finding the father had not timely given the agency tort claim notice.
Former state employees lose appeal in rehire dispute
Former employees of the Indiana Attorney General’s Office and the Indiana Department of Child Services who were listed as ineligible for rehire after being let go did not convince the Indiana Court of Appeals that their dismissed cases against the state deserved reversal.
Split COA affirms attempted obstruction of justice conviction in neighbor dispute
A majority of an Indiana Court of Appeals panel has affirmed a woman’s attempted obstruction of justice conviction after she confronted a neighbor who was subpoenaed to give deposition in a criminal case involving her.
COA: Staffing firm must pay attorney fees in breach of contract dispute
A recruiting and staffing firm did not convince the Indiana Court of Appeals on Friday that it should not have to pay attorneys fees requested by a former contractor in a breach of contract dispute.
COA dismisses man’s appeal in adoption dispute
A man seeking to adopt his ex-wife’s child had his case dismissed by the Indiana Court of Appeals on Monday after it found no indication that he sought certification from the trial court or permission from the appellate court to file a discretionary interlocutory appeal, among other things.
Reversal: Trial court erred in awarding joint custody in tense parental dispute
A mother will have sole legal custody of her children after the Indiana Court of Appeals concluded a trial court erred in awarding joint legal custody between two warring parents.
Protective order reversed for insufficient evidence
A man seeking to be rid of a protective order brought against him by his ex-girlfriend convinced the Indiana Court of Appeals that insufficient evidence supported the order.
Homeowners win attorney fees in Kosciusko fairgrounds dispute
Homeowners who secured a victory over a neighboring fairground property in a motorized racing dispute will get damages and appellate attorney fees for frivolous litigation, the Indiana Court of Appeals has ruled.
Split COA reaffirms original decision for lawyers in dispute over tax sale proceeds
An Indiana Court of Appeals panel has once again split over matters concerning a lawsuit brought against two lawyers, this time granting a petition for rehearing to reaffirm a prior split decision.
Appellate court: Minor not ‘Indian child’ under ICWA
A father who argued his daughter was an Indian child under federal law during a termination of parental rights battle lost his appeal of the termination Monday, when the Indiana Court of Appeals upheld a ruling finding that the child’s tribe was not registered with the United States government.
COA vacates contempt finding in domestic battery case
Double jeopardy concerns led the Indiana Court of Appeals to vacate a contempt finding against a man facing a domestic battery charge, though his related domestic battery sentence was upheld.
72-year sentence upheld for teen convicted in convenience store murder
The Indiana Court of Appeals has affirmed the decades-long sentence against a then-teenager who killed a convenience store clerk during an attempted robbery.
Father who says he didn’t know about adoption loses appeal
A father who claimed to have no notice of the adoption of his child has lost his appeal of a denied motion for relief.
Denial of dismissal of delinquency petition against 23-year-old affirmed
The denial of a motion to dismiss a delinquency petition filed against a 23-year-old for an act he committed as a teenager was upheld Monday by the Indiana Court of Appeals.
Divided COA tosses suit against lawyers over tax sale proceeds as untimely
A divided panel of the Indiana Court of Appeals on Thursday threw out a lawsuit against two lawyers filed by their opposing party in long-running litigation, the current case over proceeds from a tax sale that the lawyers distributed to their clients. The majority ruled that the lawsuit — filed one day outside the two-year statute of limitations — should be dismissed.
COA: Dollar Tree can open on former Walgreens lot
The denial of an Indianapolis property owner’s request to put a Dollar Tree in a vacant drugstore building was an abuse of discretion, the Indiana Court of Appeals affirmed in a Friday decision.
COA affirms dismissal of mom’s false arrest claims
The Indiana Court of Appeals has affirmed the dismissal of a mother’s complaint against a deputy chief of police, which alleged he created a false affidavit for her arrest after she allegedly touched her child in an “abusive” manner.
COA affirms ruling for insurer in UIM recovery case
An estate that secured more than $100,000 in settlements following a deadly car crash couldn’t convince the Indiana Court of Appeals that summary judgment should not have been granted to the deceased’s parents’ insurer.