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.
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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.
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.
COA upholds permanent injunction against brothers using property for trucking company
A permanent injunction preventing two brothers from using their property for their trucking business has been upheld, but the Court of Appeals of Indiana reversed the imposition of costs and fines in the case.
No bones about it: COA rules children don’t have authority to take mother’s dog to father’s home
The children of divorced parents can’t take their mother’s dog to their father’s home during his parenting time, the Court of Appeals of Indiana has ruled in reversing a trial court’s order.
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 IURC’s approval of certain Duke Energy coal-ash cleanup costs
The Indiana Utility Regulatory Commission shouldn’t have approved Duke Energy’s request to recover costs related to a federal environmental mandate for coal-ash cleanup that were incurred before the energy company received approval.
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.
Division of assets, child support reversed, remanded in Hendricks Co. divorce
The Court of Appeals of Indiana has reversed and remanded a Hendricks Superior Court order on the division of marital assets and a father’s child support obligation to his special needs adult daughter.
COA reverses reckless homicide conviction after distracted driving evidence wrongly excluded
The Court of Appeals of Indiana has overturned a man’s felony reckless homicide conviction, finding the trial court erred in excluding evidence that the victim was using her phone at the time of the fatal vehicle crash.
Evicted tenant wins reversal for due process violation
A Housing Authority of South Bend tenant was deprived of her right to due process when she was not allowed to present her pro se defense during her eviction hearing, the Court of Appeals of Indiana has ruled.
COA finds judicial bias, reverses summary judgment after judge declares civil litigation in Indiana is ‘broken’
After the trial court judge issued a scathing opinion declaring Indiana’s civil litigation system was “broken,” the Court of Appeals of Indiana has reversed summary judgment in the underlying negligence case, finding the judge was biased.
COA remands for reexamination of criminal cash forfeiture
The Court of Appeals of Indiana has ordered a trial court to reexamine a criminal forfeiture after granting the defendant’s motion for relief from the forfeiture, then granting the state’s motion reinstating it.
‘Confusing’ jury instruction leads to reversal of child molesting conviction
The July 2014 revision to Indiana’s criminal code has resulted in the Court of Appeals of Indiana vacating a child molesting conviction after finding that a jury instruction straddling both sides of the date of the revision could have confused jurors.
COA reverses contempt finding, awards credit time to appellant
The Court of Appeals of Indiana has reversed a contempt finding and ordered that the defendant be awarded credit time for the 28 days she spent in custody for contempt of court.
In Molter’s 1st opinion, Supreme Court reverses manslaughter conviction after voir dire error
The Indiana Supreme Court reversed an involuntary manslaughter conviction Wednesday and ordered a new trial after finding the trial court erred by not allowing defense counsel to directly voir dire prospective jurors.
COA grants new post-conviction hearing after clerk error
The Court of Appeals of Indiana reversed the denial of a post-conviction relief petition on Tuesday, ordering a new hearing after subpoenas weren’t issued to two attorneys who had worked on the appellant’s case.
Reversal: Personal rep can’t pursue emotional distress damages under wrongful death statute
The estate of a contractor who was shot and killed while canvassing an Indianapolis apartment complex will not receive emotional distress damages, the Court of Appeals of Indiana has ruled.
COA: Mother didn’t abandon child, consent needed for adoption
A northern Indiana mother has won a reversal on an adoption petition granted to her child’s stepmother after the Court of Appeals of Indiana concluded she did not abandon her child and her consent was required for the adoption.
Accused rapist wins discovery victory on interlocutory appeal, but COA splits
A split Court of Appeals of Indiana has partially reversed for an accused rapist after finding the state failed to justify the disclosure of six pages of a DNA summary after the defendant introduced just one page into evidence at a deposition.