Indiana Court of Appeals

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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Court must consider loss of use when determining damages in a replevin action

June 24, 2014
Jennifer Nelson
The Indiana Court of Appeals Tuesday ordered a trial court to factor in the loss of use of a semi-tractor in a replevin action. It emphasized to the lower court that the amount of damages in a replevin action must be limited to a reasonable amount.
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Appeals court OKs dead witness's video testimony

June 24, 2014
 Associated Press
The state Court of Appeals has upheld a northern Indiana judge's decision to allow videotaped statements from a dead witness to be used in an upcoming murder trial.
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COA: No material discrepancy between deposition, testimony

June 23, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment in favor of a doctor in a lawsuit alleging medical malpractice, finding the trial court should not have stricken the affidavit of the plaintiffs’ expert witness.
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COA: Debt collector not entitled to attorney fees under agreement

June 20, 2014
Jennifer Nelson
A company assigned to collect on a woman’s medical debt cannot also collect attorney fees, the Indiana Court of Appeals ruled Friday. The agreement the woman signed with a medical provider that allows for the collection of attorney fees did not apply to the physician group which assigned her debt to the collections company.
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Judge concerned insurance ruling has ‘broad-range consequences’ for future cases

June 19, 2014
Jennifer Nelson
The Indiana Court of Appeals issued a lengthy opinion Thursday dealing with an insurance coverage dispute between a company headquartered in Indiana and its insurers regarding claims from Taiwanese workers that they were made ill from contaminants from a manufacturing plant.
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COA rules against bank in lien dispute

June 18, 2014
Jennifer Nelson
Wells Fargo Bank could not convince the Indiana Court of Appeals to reverse default judgment entered against it in favor of two companies trying to foreclose on mechanic’s liens. The court also had a warning for litigants when filing amended complaints.
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COA split over whether convicted murderer needs new trial

June 18, 2014
Jennifer Nelson
The Indiana Court of Appeals upheld a murder conviction Wednesday after the defendant argued his right to confront witnesses against him was violated. But one judge on the panel agreed with Michael Torres and wrote in his dissent that Torres should have a new trial.
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Order requiring man to participate in sex offender program not unconstitutional

June 18, 2014
Jennifer Nelson
The Indiana Court of Appeals has found that the order requiring a man to participate in the Sex Offender Management and Monitoring program does not violate Indiana’s prohibition of ex post facto laws.
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Dealership did not abide by contract terms, COA rules

June 17, 2014
Marilyn Odendahl
Citing the terms spelled out in the contract, the Indiana Court of Appeals has ruled that a car dealer that entrusted a buyer with mailing a title to the lender will have to pay the balance of the auto loan.
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Appeals on Wheels continues to enjoy the open road

June 17, 2014
Marilyn Odendahl
The Indiana Court of Appeals will hit a milestone this week when it convenes at Trine University in Angola.
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Mother’s argument crushed by precedent

June 13, 2014
Marilyn Odendahl
The Indiana Court of Appeals upheld precedent in finding a mother who made sporadic child support payments over several years did fail to provide assistance for one entire year as outlined in state statute.
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Insurance credit in criminal restitution case affirmed

June 13, 2014
Dave Stafford
A woman who pleaded guilty to drunken driving and was ordered to pay restitution to a victim hurt as a result of a crash was entitled to use insurance proceeds to pay the court-ordered damages, the Court of Appeals ruled Friday.
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Court upholds man’s conviction for confining wife’s sister

June 13, 2014
Jennifer Nelson
Although a prosecutor made an inappropriate comment during a man’s trial for criminal confinement, that comment had little persuasive effect on the jury, the Indiana Court of Appeals ruled Friday. The judges affirmed Jonathan Stephens’ conviction of Class C felony criminal confinement.
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Court affirms repeat burglar’s sentence

June 13, 2014
Dave Stafford
A man who broke into the same property repeatedly and another property at a different time could not persuade an appellate panel that his 24-year sentence was inappropriate because the crimes were from a single episode.
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  1. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  2. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

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