Judge Elaine B. Brown - The Indiana Lawyer

Judge’s failure to sign commitment order splits COA

November 21, 2018

For the second time in little more than one month, the Indiana Court of Appeals has addressed the issue of the Marion Superior Court ordering civil commitments by the judge summarily approving commitment orders signed by commissioners or magistrates without signing the orders. But unlike a prior ruling, the COA on Wednesday found that issue waived, though a dissenting judge argued litigants cannot waive the issue of a judge’s failure to perform a statutory duty.

COA reverses murderer’s post-conviction relief

September 6, 2018

Post-conviction relief was revoked from a man convicted of murder and sentenced to 141 years in prison after the Indiana Court of Appeals found res judicata barred him from making a claim for relief.

Dry cleaning machine maker not liable in environmental claim

August 28, 2018

The maker of 1960s-era coin-operated dry cleaning machines cannot be held liable for decades-old environmental contamination found at the site of a one-time southside Indianapolis laundromat, the Indiana Court of Appeals ruled Tuesday.

Attorney fee denial affirmed in investor’s unsuccessful lawsuit

June 1, 2018

An investor in a life sciences company who lost the bulk of her $400,000 investment won’t have to pay nearly twice that amount to lawyers who represented the company that prevailed in part in a countersuit against her.

Plaintiffs’ appeal of bad-faith ruling for bank costs more legal fees

April 26, 2018

Finding a couple’s appeal of a judgment in favor of a bank meritless and in bad faith, the Indiana Court of Appeals affirmed a trial court ruling and remanded the case for a determination of appellate legal fees to be awarded from the couple to the bank.

Divided appeals court reverses work release revocation

April 18, 2018

A trial court’s flawed analysis of two points of state law led the majority of an Indiana Court of Appeals panel to reverse an order that vacated a Clark County man’s placement in community corrections work release.

COA reversal reinstates Jackson County foreclosure

April 6, 2018

A Jackson County foreclosure case was reinstated Friday after the Indiana Court of Appeals reversed the trial court, determining the mortgagee established a security interest in the property in question.

COA grants summary judgment to contractors protected by subrogation waiver

October 31, 2017

An insurance company cannot seek reimbursement from two contractors on a claim it paid on behalf of its insured because the insured’s contract with the contractors contained a subrogation waiver that bars the insurer’s negligence claim, the Indiana Court of Appeals ruled Tuesday.

Carmel annexation upheld in long-running dispute

October 31, 2017

Carmel’s annexation of territory in southern Hamilton County that some landowners have been fighting for more than a dozen years was upheld Tuesday by the Indiana Court of Appeals, which previously reversed the trial court’s approval of the annexation.

Ind. Supreme Court to decide if evidence errors mean drug convictions should be tossed

October 31, 2017

The Indiana Supreme Court has agreed to decide whether errors in the admission of certain evidence during a man’s drug trial warrant reversal of the man’s multiple drug convictions.

Shot officer’s suit against gun dealer splits COA

March 17, 2016

An Indianapolis Metropolitan Police Department Officer who was shot and wounded by a suspect he killed returning fire may proceed with his lawsuit against a gun dealer that sold the gun to a straw purchaser, the Indiana Court of Appeals ruled Thursday. The officer’s case is supported by law enforcement and public policy organizations.

Justices take intoxicated motorist case that divided COA

December 24, 2015

The Indiana Supreme Court will decide whether any answer short of an “unqualified, unequivocal assent” to a chemical test constitutes a refusal resulting in a driver’s license suspension, as the Indiana Court of Appeals concluded in September.

Court divided over drug sentence

December 10, 2015

The Indiana Court of Appeals upheld a man’s convictions for making and delivering methamphetamine, but the judges did not agree that the 32-year sentence imposed by the trial court was appropriate.

COA reverses involuntary termination order for a second time

October 8, 2013

The Indiana Court of Appeals sharply rebuked a trial court as having “committed clear error” by relying on old evidence and testimony in terminating a Vanderburgh County couple’s parental rights.

COA affirms Pennsylvania proper forum for complaint

March 18, 2013

The Indiana Court of Appeals ruled Monday that a producer of limestone and other products must file its complaint for indemnification in Pennsylvania based on its contract with a trucking company, and not Lake County, Ind.

Judges: employee discharged for just cause

August 31, 2012

The Indiana Court of Appeals reversed the finding by an administrative law judge and the Indiana Department of Workforce Development that an employee of a funeral home was fired for just cause.

Appellate court upholds easement ruling

January 11, 2012

The Indiana Court of Appeals affirmed the trial court judgment in favor of the owners of a RV campground regarding an access easement.

Judges split on mortgage issue

May 17, 2011

In a case of first impression between a lender and the mortgagee on record, the Indiana Court of Appeals was divided as to whether the mortgagee on record had an enforceable right under a mortgage.

Judges order modification of dissolution decree

May 5, 2011

The Indiana Court of Appeals found a trial court abused its discretion when it didn’t consider a $160,000 change in value of a property when calculating marital assets and distributing marital property.

Court divided on purchase agreement termination

February 24, 2011

The judges on the Indiana Court of Appeals were split in deciding whether the seller of a condominium should have to refund a deposit to purchase after the buyers discovered electrical problems that turned out to be minor issues.

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