Indiana Court of Appeals

Summary judgment for DCS on age, sex discrimination charges affirmed

April 28, 2017
Olivia Covington
The Indiana Department of Child Services did not discriminate against a former employee seeking to come out of retirement when it declined to move him through the interview process, the Indiana Court of Appeals decided Friday.
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COA affirms closing of unsupervised estate

April 28, 2017
Olivia Covington
In a dispute between two northern Indiana sisters, the Indiana Court of Appeals has affirmed the trial court’s decision to close the unsupervised estate of the sisters’ father, finding that the trial court did not apply the wrong legal or statutory standards when closing the estate.
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COA: Vectren projects fail to meet TDSIC requirements

April 27, 2017
Marilyn Odendahl
The Indiana Court of Appeals has pulled the plug on a power company’s plan to hike rates without allowing the public to view and comment on the proposal.
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OWI charge vacated on double jeopardy concerns

April 27, 2017
Olivia Covington
A divided Indiana Court of Appeals has reversed one count of operating while intoxicated against a Columbus man, finding that merging the two counts together for sentencing purposes does not satisfy double jeopardy concerns.
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COA reverses protective order on basis of res judicata

April 27, 2017
Olivia Covington
In a case that Indiana Court of Appeals Judge Rudolph Pyle described as a “prime example of forum shopping,” the appellate court has reversed the grant of a petitioner’s third petition for a protective order because the petition is barred by the doctrine of res judicata.
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COA reverses dissolution decree imputing potential income to mother

April 26, 2017
Olivia Covington
A divided Indiana Court of Appeals has reversed the terms of a marriage dissolution decree, finding the trial court erred in imputing potential income to the mother based on the fact that she should now be able to work full-time because her children are older.
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COA hears malpractice case involving former Conour associate

April 21, 2017
Olivia Covington
Roughly five years after former Indianapolis personal injury attorney William Conour was charged in a federal wire fraud case, the Indiana Court of Appeals heard a legal malpractice action involving one of his ex-colleagues for alleged malpractice. One of Conour's victims claims the attorney's actions kept her in the dark about theft of her settlement money.
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COA upholds electric utility’s rate hike

April 19, 2017
Marilyn Odendahl
Finding substantial evidence supporting a regulatory body’s ruling, the Indiana Court of Appeals denied an attempt by Citizens Action Coalition of Indiana to overturn approval for a utility rate hike.
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Appellate court interprets amended habitual offender statute

April 19, 2017
Jennifer Nelson
The Indiana Court of Appeals, after finding the language of the habitual offender statute doesn’t support either the defendant’s or the state’s interpretation, reversed the denial of the defendant’s objection to his habitual counts and ordered the trial court to review the matter.
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COA affirms confidentiality of deposition in litigation between Greek brothers

April 19, 2017
Olivia Covington
Discovery materials protected in Indiana courts under a protective order cannot be used in litigation between two brothers in Greece, the Indiana Court of Appeals held Wednesday.
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COA reduces woman’s OWI conviction, orders new hearing on fees

April 19, 2017
Jennifer Nelson
A trial court did not properly determine whether a woman had the ability to pay fees owed after being convicted of a misdemeanor drunken-driving charge, so the Indiana Court of Appeals ordered the case back to the trial court. The judges also ordered her conviction reduced based on the evidence presented at trial.
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COA: Signatures do not have to take a specific form

April 19, 2017
Marilyn Odendahl
A man who drove too fast and was given an electronic speeding ticket failed to convince the Indiana Court of Appeals that all signatures are not the same.
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Questions exist as to whether Clarksville home violates neighborhood covenants

April 18, 2017
Jennifer Nelson
Summary judgment was prematurely granted to a Clarksville homeowner sued by his neighbors for allegedly violating the neighborhood’s restrictive covenants, the Indiana Court of Appeals ruled Tuesday.
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COA: Parties stipulation shows easement is necessary

April 18, 2017
Marilyn Odendahl
In a dispute between neighbors, the Indiana Court of Appeals affirmed a private property owner had to allow part of his land to be used to give access to a tract of land owned by a business.
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New Castle Schools negligence case headed to trial

April 13, 2017
Olivia Covington
The Indiana Court of Appeals has reversed summary judgment in case stemming from an altercation in a New Castle career program, finding that genuine issues of material fact remain as to whether the school was negligent.
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Appellate court affirms teenager’s delinquency adjudication

April 13, 2017
Olivia Covington
The Marion Superior Court properly adjudicated an Indianapolis teenager as a delinquent on theft and trespassing charges, the Indiana Court of Appeals decided Thursday, holding the court’s true findings were supported by sufficient evidence.
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COA reverses child support modification despite untimely appeal

April 13, 2017
Olivia Covington
Despite a father’s untimely filing of an appeal, the Indiana Court of Appeals decided to reverse a child custody modification order, finding there was an “extraordinarily compelling reason” to consider the father’s case on its merits.
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Appellate court affirms dismissal of protective order against mother

April 12, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed the dismissal of a grandmother’s petition for a protective order on behalf of her grandson and the subsequent ex parte order, holding the grandmother lacked legal standing to file the petition on his behalf.
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COA affirms dismissal of armed burglary charge

April 12, 2017
Olivia Covington
A Huntington County woman who stole a gun as part of a plan to trade the gun for drugs will not be charged with armed burglary because the gun was not used to “arm” the woman during her crime, the Indiana Court of Appeals ruled Wednesday.
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Public Lawsuit Statute not applicable in Tipton Co. case

April 12, 2017
Olivia Covington
The Indiana Public Lawsuit Statute that requires litigants to post bond when bringing a public lawsuit did not apply in a Tipton County case in which a couple was seeking to protect their own private interests, rather than public interests, the Indiana Court of Appeals decided Wednesday.
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Lawsuit against Columbus over crosswalk headed toward trial

April 11, 2017
Olivia Covington
Although the city of Columbus has immunity from the policy decisions that may have contributed to a 13-year-old’s injuries when he was struck by a vehicle in a city crosswalk, genuine issues of material fact remain that preclude the city from being awarded summary judgment in a lawsuit, a divided Indiana Court of Appeals has held.
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COA reverses stay of man’s driving suspension

April 11, 2017
Olivia Covington
A northern Indiana man whose driving privileges were suspended for a variety of driving-related offenses, including operating while intoxicated, cannot have those suspensions stayed after the Indiana Court of Appeals ruled Tuesday that such a stay is contrary to state law.
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Man entitled to credit for time spent awaiting Indiana trial

April 10, 2017
Olivia Covington
The Indiana Court of Appeals has partially affirmed the denial of a man’s request for credit for time he spent incarcerated in Florida and New Hampshire, noting that after he was sentenced in Indiana, the Indiana and foreign sentences were meant to be served concurrently.
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Supreme Court strikes down contentious med-mal ruling

April 10, 2017
Olivia Covington
After six years of controversy over the limits, or lack thereof, on what evidence and arguments may be presented to a trial court during a medical malpractice proceeding, the Indiana Supreme Court has denounced a highly disputed medical malpractice case while simultaneously adopting a recent Court of Appeals opinion.
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Appellate court affirms CHINS order

April 7, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed a Vanderburgh County children in need of services order after finding the children’s custodian did not make any argument as to why his stipulation to the facts of the CHINS petition should be withdrawn for cause.
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  1. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

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  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

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