Indiana Court of Appeals

AG asks court to appoint attorney as receiver of INCASA

November 7, 2014
Jennifer Nelson
Indiana Attorney General Greg Zoeller has asked a Marion County Court to appoint an attorney as receiver of an Indianapolis-based nonprofit that suspended operations in June due to financial insolvency.
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Residents not entitled to refund for alleged Barrett Law violations

November 7, 2014
Jennifer Nelson
The city of Indianapolis does not have to pay nearly $3 million in damages to residents who paid in full their share of the costs of sewer improvements. A couple sued after discovering the city had changed its financing plan and forgave future payments by those who still owed the city.
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Judges uphold denial of motion to suppress on rehearing

November 6, 2014
Jennifer Nelson
The Indiana Court of Appeals, after clarifying a point in their original opinion, still did not believe that a police detective tried to mislead a judge in order to obtain a search warrant. The judges upheld their original decision that affirmed the denial of a man’s motion to suppress evidence collected at his home following drug deals.
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All appeals judges retained by voters

November 5, 2014
IL Staff
The four Indiana appellate judges up for retention this year received approval from voters Tuesday.
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Insurer on the hook for nearly $64,000 in home repairs following storm

November 5, 2014
Jennifer Nelson
An insurance company, based on the terms of its policy, is required to cover storm damage to the home of a northern Indiana couple, the Indiana Court of Appeals affirmed Wednesday. The insurer argued deteriorated shingles were the cause of the water damage in the home.
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COA affirms South Dakota law applies to personal injury case

November 5, 2014
Jennifer Nelson
A Marion Superior Court did not err when it decided that the location of an accident involving a drowsy driver – South Dakota – should be the applicable law in a case brought in Indiana.
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DCS supervisor testimony did not sway case against father

November 3, 2014
Marilyn Odendahl
Allowing a child services supervisor’s hearsay testimony about a father’s fitness to retain his parental rights was, at most, a harmless error, the Indiana Court of Appeals has ruled.
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Summary judgment inappropriate in light of pending discovery

October 31, 2014
Marilyn Odendahl
Noting a pending discovery may still turn up answers, the Indiana Court of Appeals overturned a summary judgment and allowed a feud between former business partners to continue.
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Treatment facility that released patient information not entitled to summary judgment

October 31, 2014
Marilyn Odendahl
A man who says he is suffering negative repercussions after a mental health facility released his medical information to a family member will be able to move forward with his case in court.
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COA: Insurance agent did not have duty to advise

October 31, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in favor of an agent and an insurance company after the owner of a pub sued them believing they owed a duty to advise that the policy the pub chose would be insufficient to cover the replacement cost of the building.
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Judges affirm county commissioners can sue attorney for legal malpractice

October 31, 2014
Jennifer Nelson
The trial court did not err in denying an attorney’s motion to dismiss a legal malpractice claim brought against him by Clark County’s Board of Commissioners and Aviation Board, the Indiana Court of Appeals ruled.
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Trial court lacked authority to order dad to pay for child’s college

October 31, 2014
Jennifer Nelson
Tackling an issue of first impression involving a request for payment of post-secondary education expenses, the Indiana Court of Appeals held that a child support order under I.C. 31-16-6-6 refers to the parties’ most recent order concerning support.
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COA dismisses appeal as moot since inmate has been released

October 31, 2014
Jennifer Nelson
Because a man who was sent to the Department of Correction after his community corrections placement was revoked has been released from prison, his appeal is moot, the Indiana Court of Appeals ruled Friday.
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Judges dismiss appeal of small claims judgment as untimely

October 31, 2014
Jennifer Nelson
Finding an auto dealer untimely appealed the denial of his motion to correct error regarding a judgment in favor of a buyer, the Indiana Court of Appeals dismissed the appeal.
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Judges reverse teen’s adjudication for resisting law enforcement

October 30, 2014
Jennifer Nelson
Citing lack of evidence, the Indiana Court of Appeals reversed an Indianapolis teen’s adjudication as a juvenile delinquent for committing what would be Class A misdemeanor resisting law enforcement if committed by an adult. None of his actions suggested any criminal activity was afoot.
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Court orders more proceedings on injured subcontractor’s negligence lawsuit

October 29, 2014
Jennifer Nelson
Finding genuine issues of material fact exist in a negligence lawsuit as to the general contractor’s role in a subcontractor’s injury, the Indiana Court of Appeals reversed summary judgment and ordered further proceedings.
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Owner not entitled to more cash for building destroyed by fire

October 29, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed that the owner of a building leased to a Bloomington pet shop that was destroyed by a fire in 2008 is only entitled to the actual cash value of the building and not the replacement cost.
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Judges reverse order that man pay ex-wife $95,000 in attorney fees

October 29, 2014
Jennifer Nelson
The Indiana Court of Appeals ruled Wednesday that the arbitrator in a contentious divorce proceeding erred when she ordered the husband to pay $95,000 in attorney fees to his ex-wife.
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Court adopts case-by-case approach in subrogation issue

October 28, 2014
Jennifer Nelson
The Indiana Court of Appeals, after skirting around the issue in 2012, decided that Indiana should use the case-by-case approach to address subrogation claims of landlords’ insurers against negligent tenants.
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Children should remain in home despite grandmother’s felony conviction

October 28, 2014
Jennifer Nelson
The Indiana Court of Appeals found I.C. 31-19-11-1(c) to be unconstitutional as applied and upheld the adoption of two boys by their maternal grandmother. The judges held that her 1997 felony conviction for neglect of a dependent should not automatically bar her from adopting the children.
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Police had probable cause to arrest man at library for child porn possession

October 28, 2014
Jennifer Nelson
Even though a man’s possession of child pornography charge was eventually dismissed, his arrest on the matter at a Bloomington library led to other charges. The Court of Appeals Tuesday affirmed the denial of Paul Allen Decker’s motion to suppress, in which he claimed any evidence stemming from that arrest must be suppressed.
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Defense counsel’s move to prosecutor’s side doesn’t require special prosecutor

October 28, 2014
Jennifer Nelson
The Indiana Court of Appeals upheld a man’s 60-year sentence for shooting and killing his girlfriend after an argument, rejecting his claim that a special prosecutor should have been appointed in his case after his defense counsel took a job with the prosecutor’s office.
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COA dismisses appeal that gave man ‘second bite at apple’

October 28, 2014
Jennifer Nelson
The Indiana Court of Appeals dismissed a case in which the trial court set aside a previous judgment in order to have a chance to get a new appeal. When doing so, the trial court noted, “hopefully the Court of Appeals wouldn’t frown upon” the judge who did that.
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COA agrees sellers must pay $280,000 in damages for ‘downright dangerous’ home

October 27, 2014
Jennifer Nelson
A couple who sold a house they built themselves that contained numerous structural issues is on the hook for $280,000 to the buyers of the home. The Court of Appeals found that the sellers made misrepresentations on their real estate sales disclosure form.
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Judges affirm Indiana retailer owes Levi’s $315,000 after violating policies

October 27, 2014
Jennifer Nelson
An Indiana company that operates a website selling jeans must pay Levi Strauss North America more than $315,000 after the company violated Levi’s Internet policies for distributors.
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  3. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  4. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

  5. Banana.Republic

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