Indiana Court of Appeals

COA tosses injunction issued after alleged workplace threat

July 11, 2014
Dave Stafford
An injunction against an employee who allegedly told a company therapist that he was going to blow his supervisor’s head off is void because it arose from a labor dispute, the Indiana Court of Appeals ruled Friday.
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COA affirms termination of parental rights for imprisoned mom

July 11, 2014
Dave Stafford
A trial court was within its authority to terminate the parental rights of a mother serving a minimum 10-year federal prison sentence for conspiracy to deal heroin, the Indiana Court of Appeals ruled.
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Ex-business partner might not get damages for unreturned pizza oven

July 9, 2014
Jennifer Nelson
Because a county clerk did not apparently send out notice of a court order requiring a man to return a pizza oven to his partner in a bar, the Indiana Court of Appeals reversed the denial by the lower court of the man’s motion challenging a damages award stemming from his failure to return the oven.
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Judges uphold 40-year sentence in drug deal turned robbery

July 9, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s 40-year sentence for his role in the robbery of two people after he set up a drug deal with one of the victims.
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Court rules in favor of police department on inmate’s request for records

July 9, 2014
Jennifer Nelson
The inmate who filed a public records request with the Indianapolis Police Department nearly nine years ago lost his case on appeal before the Indiana Court of Appeals Wednesday.
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Man had 3 months to bring claim to enforce contract, court rules

July 9, 2014
Jennifer Nelson
A son who sought to challenge his stepmother’s decision to revoke the will she made with his father had to bring his challenge within three months of the will being admitted to probate, not nine months as he claimed, the Indiana Court of Appeals ruled.
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Dentist’s reputation, privacy and identity are not chattel under T.R. 75(A)(2)

July 9, 2014
Jennifer Nelson
The Indiana Court of Appeals decided that the preferred venue of a woman’s lawsuit against her ex-boyfriend alleging defamation and other claims is in Marion County where the man resides and not in Lake County where she works. The opinion hinged upon whether there were chattels involved.
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State can’t prove teen stole television he owned with his mother

July 7, 2014
Jennifer Nelson
In an issue of first impression involving the statutes defining Class D felony theft, the Indiana Court of Appeals reversed a teen’s adjudication of theft for removing a television that he and his mother purchased together from his mother’s home over her objection.
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Judges uphold man’s resisting law enforcement conviction

July 7, 2014
Jennifer Nelson
Finding the evidence to be sufficient to support a man’s conviction of misdemeanor resisting law enforcement, the Indiana Court of Appeals affirmed his conviction Monday. The judges also found no error in the trial court’s instructions to the jury.
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Property conveyed by the entirety includes presumption of right of survivorship

July 3, 2014
Jennifer Nelson
In a question of first impression, the Indiana Court of Appeals Thursday held that when a property is conveyed by the entirety, there is a presumption the grantor intended to convey the property with the right of survivorship. It does not matter if the individuals are not husband and wife.
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Car dealer responsible for buyer’s unauthorized purchases at auction

July 2, 2014
Jennifer Nelson
After finding that a trial court did not err in reinstating an action after initially dismissing it with prejudice, the Indiana Court of Appeals affirmed summary judgment in favor of Automotive Finance Corp. on its action seeking repayment of loans made to purchase cars.
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Drunk man who ran into woman rightfully convicted

July 1, 2014
Dave Stafford
The Indiana Court of Appeals Tuesday affirmed the public intoxication conviction of a man who showed signs of being drunk and walked into a woman as he left an Indianapolis nightclub, prompting a response from nearby police.
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COA vacates murder conviction for ineffective assistance

June 30, 2014
Dave Stafford
A woman convicted of a 2006 murder received ineffective assistance of counsel and is entitled to a retrial, the Indiana Court of Appeals ruled Monday, vacating a murder conviction.
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Virginia statute of limitations holds in Evansville radio purchase

June 27, 2014
Marilyn Odendahl
Nearly identical provisions in business agreements meant a media owner had to file his complaint against another communications company by the statute of limitations deadline in Virginia, not in Indiana.
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Reversal holds bank’s suit on repossessed vehicle filed too late

June 27, 2014
Dave Stafford
A pro se litigant won a reversal at the Indiana Court of Appeals Friday, which ruled a trial court erred when it ruled in favor of a bank seeking to collect after a vehicle repossession.
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Deed provisions are not vague, COA rules

June 26, 2014
Jennifer Nelson
Finding that the trial court erred in construing the provision of a plaintiff’s deed in a dispute over use of parking areas, the Indiana Court of Appeals reversed the finding of the existence of a prescriptive easement allowing dance academy customers to use portions of land owned by a neighboring company for ingress and egress from the academy’s property.
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COA: Bank could charge back account after check is lost

June 26, 2014
Jennifer Nelson
A man who withdrew nearly all of the money in a bank account is personally liable to pay back that money to the bank, the Indiana Court of Appeals ruled Thursday. The bank had lost a check deposited into the account and the account holder was unable to help the bank identify the check writer to obtain a replacement check.
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Landlords timely delivered itemized damages notice to former tenants

June 26, 2014
Jennifer Nelson
The date a tenant provides her forwarding address to her landlord triggers the 45-day period the landlord has to deliver the itemized damages to the tenant, the Indiana Court of Appeals ruled Thursday.
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COA affirms order that child should remain in Indiana with father

June 26, 2014
Jennifer Nelson
Although the trial court erred in concluding that a Johnson County mother did not relocate to South Carolina for legitimate reasons, the court correctly ordered her son to remain in Indiana with his father, the Indiana Court of Appeals held.
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COA: Questions remain whether proper notice given after tax sale

June 26, 2014
Jennifer Nelson
The Indiana Court of Appeals, citing several questions of fact in a case involving a tax sale, affirmed denial of summary judgment for a mortgagee that sought to set aside the issuance of a tax deed.
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COA orders hearing to determine juror bias against plaintiff

June 25, 2014
Jennifer Nelson
The Indiana Court of Appeals ruled that a trial court should have ordered an evidentiary hearing to determine whether a juror in an auto accident case was biased against the plaintiff instead of ordering a new trial regarding damages.
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Court correctly denied petition to expunge felony conviction

June 25, 2014
Jennifer Nelson
The Indiana Court of Appeals, citing a recent expungement case involving a misdemeanor conviction, agreed with the rationale of that panel that if a person violates the terms of probation, that person did not successfully complete his sentence.
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Judges divided over whether city attorney could participate in demolition decision

June 25, 2014
Jennifer Nelson
Two judges on the Indiana Court of Appeals Wednesday believed that a Hammond resident didn’t have the benefit of an impartial decision maker in the proceeding that ordered demolition of his property. They believed the city attorney, whose office prosecuted the case, couldn’t sit on the city board that conducted the hearing.
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COA split on retroactive application of Transfer on Death Property Act

June 25, 2014
Jennifer Nelson
The Indiana Court of Appeals agreed Wednesday that a trial court erred in concluding a promissory note executed between a mother and son is an asset of the mother’s estate, although the panel was split as to why the court erred.
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COA: Dispute with camp should be heard in White County

June 25, 2014
Jennifer Nelson
The YMCA Camp Tecumseh’s quest to stay a zoning decision that allows a confined feeding operation to set up shop next to the camp’s property should be heard in White County, not Carroll County where the camp is located, the Indiana Court of Appeals ruled.
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  1. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  2. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  3. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  4. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  5. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

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