Indiana Court of Appeals

COA: Court must hold another hearing on custody

July 23, 2013
Jennifer Nelson
A trial court may refuse to approve a settlement agreement entered into by parents regarding custody of minor children, the Indiana Court of Appeals pointed out Tuesday, but in this case, the court erred by not granting the father’s motion for a continuance regarding his mental health evaluation.
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Appeals court orders more proceedings in pulley lawsuit

July 23, 2013
Jennifer Nelson
Finding the trial court shouldn’t have granted summary judgment in favor of a distributor on a buyer’s claim of breach of implied warranty of merchantability regarding pulleys provided by the distributor, the Indiana Court of Appeals remanded to the trial court to take another look at the issue.
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Sewer district owed refund in easement dispute

July 22, 2013
Jennifer Nelson
The Indiana Court of Appeals ordered the White Circuit Court clerk to refund the thousands of dollars a sewer district overpaid in damages for easements on a couple’s property to construct sewers. The appellate court held that the trial court improperly admitted the court-appointed appraisal report.
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COA affirms second imposition of habitual-offender enhancement

July 22, 2013
Jennifer Nelson
A Tippecanoe County man whose sentence enhancement for being a habitual offender was overturned by the Indiana Supreme Court – but later re-imposed after a retrial – was unable to convince the Indiana Court of Appeals that his retrial was barred by res judicata.
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Search of man, car that led to drug arrest constitutional, COA rules

July 18, 2013
Jennifer Nelson
The Indiana Court of Appeals concluded Thursday that the search of the man who supplied cocaine to buyers as well as the search of his car did not violate state and federal constitutions.
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COA rules company not entitled to surplus funds under agreement

July 18, 2013
Jennifer Nelson
An Owen Circuit judge erred by granting a Colorado company’s petition to claim surplus funds from the tax sale of property belonging to Ora and Leafie Chambers, the Court of Appeals ruled Thursday. The couple signed an agreement that transferred their right of the surplus funds from the sale of their property to Asset Recovery Inc.
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COA finds no error in Class A felony attempted robbery conviction

July 18, 2013
Jennifer Nelson
After determining it had jurisdiction over a defendant’s appeal, the Indiana Court of Appeals affirmed his conviction of Class A felony attempted robbery instead of a lesser-included offense.
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Question remains as to whether son is ‘child’ under Wrongful Death Statute

July 17, 2013
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment in favor of the defendants on two parents’ claims under the Child Wrongful Death Statute regarding their 21-year-old son who died in a car accident. The appellate court found a genuine issue of material fact as to whether the informal apprenticeship the son was participating in at the time of his death would be considered a vocational program under the CWDS.
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Prisoner adequately stated First Amendment claim against DOC employees

July 17, 2013
Jennifer Nelson
The Indiana Court of Appeals quickly affirmed the dismissal of most of a prisoner’s claims regarding violations under Indiana statute or the state and federal constitutions, but found her First Amendment retaliation claims against several Department of Correction employees should not have been dismissed by the trial court.
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COA affirms dissolution of corporation embroiled in family dispute

July 17, 2013
Jennifer Nelson
A company owned by two brothers – one disabled and one terminally ill – was properly dissolved by the trial court over the disabled brother’s objections, the Indiana Court of Appeals held.
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Conviction splits COA in determining actions of a ‘reasonable person’

July 16, 2013
Marilyn Odendahl
In affirming the conviction of a man who violated a no-contact order, the Indiana Court of Appeals split over what a “reasonable person” would have done in similar circumstances.
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Appeals court cites apparent authority to affirm auction sale

July 16, 2013
Dave Stafford
The sale of Noble County lake and farm property at auction is valid even though some siblings in a family limited liability corporation objected because reserve prices hadn’t been met, the Indiana Court of Appeals ruled in affirming the trial court.
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COA finds argument that documents were ambiguous is really ‘a failure to read’

July 16, 2013
Marilyn Odendahl
A real estate investor who argued that he should not be held personally liable because the loan documents were ambiguous was reminded by the Indiana Court of Appeals that “a failure to read does not equate with an ambiguity….” 
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Rear-ended motorist found 70 percent liable wins on appeal

July 16, 2013
Dave Stafford
A jury that found a Kokomo motorist 70 percent at fault when his vehicle sitting at an intersection was rear-ended misread the law, as did a judge who instructed jurors, the Indiana Court of Appeals ruled.
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Criminal convictions and financial penalties do not violate double jeopardy

July 15, 2013
Marilyn Odendahl
A business owner will have to serve his sentence after the Indiana Court of Appeals rejected his argument that his criminal convictions and financial penalties imposed for failing to pay taxes violated double jeopardy principles.
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Man accused of violating city ordinances entitled to jury trial

July 11, 2013
Jennifer Nelson
Because the underlying substantive claims brought against an Indianapolis man regarding his treatment of his dog are quasi-criminal, he is entitled to a jury trial under the Indiana Constitution, the Indiana Court of Appeals has ruled.
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COA: Surrogate can not petition to disestablish maternity

July 11, 2013
Jennifer Nelson
A married woman who acted as a surrogate for another couple cannot petition to disestablish her maternity because it would cause the child to be “declared a child without a mother,” the Indiana Court of Appeals determined on interlocutory appeal.
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COA affirms $1,380 restitution order for missing CDs, coins

July 11, 2013
Jennifer Nelson
The Indiana Court of Appeals held Thursday that a trial court did not err in letting the state present evidence of a victim’s loss for the first time at a restitution hearing. It affirmed an order that Kenneth Smith pay $1,380 to William Kirkham for missing CDs and coins.
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Server’s electronic tip alteration is forgery, COA rules

July 11, 2013
Jennifer Nelson
A Logan’s Roadhouse server who used a computer to alter the amount of tip a customer left for her on a credit card can be convicted of forgery, the Indiana Court of Appeals affirmed Thursday.
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Man loses challenge to Internet access restrictions

July 9, 2013
Jennifer Nelson
A convicted sex offender’s probation condition restricting his access to certain websites and programs that are frequented by children does not violate the man’s First Amendment rights, the Indiana Court of Appeals ruled Tuesday.
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Defendant waived right to appeal sentence

July 3, 2013
Jennifer Nelson
Finding that a man knowingly and voluntarily waived the right to appeal the appropriateness of his concurrent 34-year sentences following a guilty plea to drug charges, the Indiana Court of Appeals affirmed his sentence.
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Guardian may not file for divorce on behalf on incapacitated adult

July 3, 2013
Jennifer Nelson
Citing a 1951 Indiana Supreme Court case, the Court of Appeals has affirmed that the law does not allow a guardian of an incapacitated person to file a petition for divorce on behalf of the incapacitated person.
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COA split over reversing summary judgment in slip-and-fall case

July 3, 2013
Jennifer Nelson

The Indiana Court of Appeals was divided Wednesday over whether a Merrillville store failed to preserve its issue of prejudice by opposing summary judgment granted to two companies in a negligence lawsuit filed by a woman who fell on ice in front of the northern Indiana Pier 1 Imports store.

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Judges uphold sale of properties in tax sale

July 3, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld the denial of a property owner’s motion for relief from judgment after his two parcels were sold in a Marion County tax sale. The man argued the notices sent by officials didn’t comply with statutory requirements and he was denied due process.
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Resisting law enforcement conviction reversed because man had no duty to stop

July 3, 2013
Jennifer Nelson
Finding police lacked reasonable suspicion and probable cause when responding to a call about a disturbance that would justify a seizure of a Marion County man, the Indiana Court of Appeals concluded Keion Gaddie was subject to an unlawful stop.
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