COA affirms TPR order despite error in findings, conclusions
The Court of Appeals of Indiana affirmed a lower court’s termination of parental rights order despite what it called an “obvious error” in the order.
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COA: Insurance company’s negligence, spoliation claims should have survived motion to dismiss
An insurer’s claims of negligence and spoliation against a company hired for renovation work after a house fire should have survived a motion to dismiss, the Court of Appeals of Indiana has ruled in reversing a lower court’s decision.
Split COA reduces man’s 3,000-day invasion of privacy sentence to less than 1 year
A man’s repeated letters to his ex-wife violated a no-contact order but did not warrant an aggregate sentence of 3,000 days for misdemeanor invasion of privacy, a split Court of Appeals of Indiana ruled Thursday.
COA affirms photo, expert testimony in slip-and-fall case but reverses $4M verdict
A trial court did not abuse its discretion in admitting photographic evidence and expert testimony in a case involving a woman who slipped on ice in a Menards parking lot. But the Court of Appeals reversed a multimillion-dollar verdict.
COA reinstates challenge to trust amendment
A woman’s complaint against an amendment to a family trust was timely and should be reinstated, the Court of Appeals of Indiana ruled Monday.
COA orders defendant’s discharge in OVI case after 13-month delay in blood test results
The state’s 13-month delay in providing blood test results violated a man’s right to a speedy trial, the Court of Appeals of Indiana ruled in a Wednesday reversal.
Inability to travel during pandemic gave man right to rescind Florida rental contract, split COA rules in reversal
An Indiana man prohibited by state order from traveling to a Florida vacation home during the COVID-19 pandemic had a right to rescind his rental contract, a split Court of Appeals of Indiana ruled Wednesday in reversing a small claims court’s decision.
Man secures reversal after trial court denies successive PCR petition in attempted murder case
A man whose attempted murder sentence was enhanced by 30 years has secured a post-conviction reversal in his favor, with the Court of Appeals of Indiana focusing on the chronological order of two convictions underlying a habitual offender enhancement.
Suspected drug dealer who used alias to rent condo wins reversal at 7th Circuit
Although he had used an alias to hide from law enforcement and rent a condo, law enforcement did not have the right to search a suspected drug dealer’s residence with only his landlord’s consent, the 7th Circuit Court of Appeals has ruled.
COA reverses setting aside of tax deed, finds ‘constitutionally adequate’ notice
The failure of two property owners to receive any of the multiple notices sent to them regarding the tax sale of their property did not create an “exceptional” case warranting the setting aside of the tax deed, the Court of Appeals of Indiana has ruled.
Oil company established affirmative defenses against liability in man’s death, COA rules in reversal
An oil company sued by the widow of a man who died using its product established affirmative defenses against liability and should have been granted summary judgment, the Court of Appeals of Indiana ruled in reversing a lower court’s decision.
COA reverses, remands summary judgment denial after explosion death
An Evansville car dealer is entitled to summary judgment in an accidental death case in which a man’s widow claimed negligence, the Court of Appeals of Indiana ruled in reversing and remanding the denial of summary judgment.
COA: Trial court misinterpreted right of first refusal language in family trust
A man who had a right of first refusal to his late mother’s home should have been allowed to receive the home at its value at the time of his mother’s death, rather than the value of a purchase offer, the Court of Appeals of Indiana has ruled.
Trial court erred in awarding damages to landlord, COA finds
A landlord was not entitled to damages and was ordered to return a security deposit after the Court of Appeals of Indiana found error at the trial court.
COA upholds habitual offender enhancement as timely filed
A habitual offender enhancement that was filed 21 days before a trial that was eventually rescheduled was not untimely, the Court of Appeals of Indiana has ruled.
COA affirms, reverses, remands in broken lease case
A Court of Appeals of Indiana opinion in a case involving the breach of a lease split three ways Monday, with the appellate court affirming in part, reversing and remanding the case back to a lower court.
Lower court needs to address constitutional issues, hold hearing in sex crimes case, 7th Circuit rules
A lower court will need to address constitutional concerns and look at how evidence was obtained in a case involving sexual exploitation of children, the 7th Circuit Court of Appeals ruled Friday, remanding the case for an evidentiary hearing.
Supreme Court affirms, reverses, remands in case involving faulty lift station that caused sewage leak
The Indiana Supreme Court affirmed a trial court’s order amending a damages award but determined the lower court lacked jurisdiction to issue two other orders because each interfered with the subject matter of a pending appeal.
Appellate court reverses summary judgment, remands for payment in dispute between insurers
Overturning summary judgment in a dispute between insurance providers, the Court of Appeals of Indiana ruled Tuesday that the trial court erred in granting summary judgment to the insurer that hadn’t met its payment obligation.
COA reverses child molesting delinquency adjudication for hearsay
A trial court committed fundamental error when it allowed a videotaped interview to be entered into evidence in a delinquency case against a 15-year-old boy, the Court of Appeals of Indiana has ruled.