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7226 results for 'articles'

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Tax court rules that evidence, not conclusory statements, needed to make prima facie case

April 30, 2013

A doubled property value will stand because the property owner did not offer any market-based evidence when challenging the new assessed value, the Indiana Tax Court has ruled.

Evidence does not support CHINS finding

April 30, 2013

The Indiana Court of Appeals reversed a trial court’s determination that an infant is a child in need of services after finding the parents have improved their living situation that led to their three other children being removed. 

Judges affirm dismissal of city’s counterclaim without prejudice

April 30, 2013

The Indiana Court of Appeals held Tuesday that a dismissal based on the failure to provide an appraisal with an offer to purchase property for road work improvements was not an adjudication on the merits, allowing a city’s counterclaim for appropriation of the property to be dismissed without prejudice.

Right to Farm Act bars CAFO nuisance claim, appeals court rules

April 30, 2013

A Gibson County farmer may not bring a nuisance claim against a neighboring dairy that dramatically expanded its operations to what he called a “factory-like ‘mega-farm,’” the Indiana Court of Appeals ruled.

Suspended attorney stripped of quiet title to foreclosed home he repaired

April 30, 2013

A suspended Gary attorney who was awarded a quiet title to an abandoned, foreclosed property after he entered a house without authorization and began to maintain it was stripped of the title Tuesday by the Indiana Court of Appeals.

Lawyers’ divorce battle divides COA on joint custody ruling

April 30, 2013

A lengthy divorce proceeding involving two Fort Wayne attorneys that raised numerous issues on appeal was mostly affirmed Tuesday, but a dissenting judge cautioned that joint custody was not in the interest of the of the feuding parents’ daughter.

COA: No error in denying reckless homicide instruction

April 30, 2013

The evidence presented at trial did not support a defendant’s request to instruct the jury on reckless homicide as a lesser offense of murder, the Indiana Court of Appeals ruled.

Law firm not entitled to summary judgment on complaint seeking payment

April 30, 2013

Finding that there are genuine issues of material fact as to whether an employee was acting on his own behalf or on behalf of his company when he sought a law firm’s services, the Indiana Court of Appeals ordered more proceedings on the firm’s complaint for payment.

Vincennes did not breach contract with men’s basketball coach

April 30, 2013

The Indiana Court of Appeals concluded Tuesday that summary judgment should have been granted in favor of Vincennes University on a former basketball coach’s lawsuit alleging breach of contract after the university did not renew his contract for the following year.

Pence signs probate, problem-solving court legislation

April 30, 2013

Gov. Mike Pence signed 25 bills into law Monday, including legislation restricting criminal background checks and changes to probate and trust administration.

Hendricks Superior Court accepting applications for 2 magistrates

April 30, 2013

The Hendricks Superior Courts are looking to fill two magistrate positions created by the General Assembly during the recently completed 2013 legislative session.

Indianapolis officer faces more drunken-driving charges

April 30, 2013

The suspended Indianapolis Metropolitan Police Department officer accused of killing one motorcyclist and injuring two others in an August 2010 crash has been arrested and charged with two misdemeanor drunken-driving offenses.

Indiana teams take 5th, 10th place in national civics competition

April 30, 2013

Two Indiana teams ranked among the top 10 after participating in the championship round of the We The People national competition.

Marion County Odyssey transition may cause delays

April 30, 2013

Civil filings in Marion Circuit and Superior courts could experience delays after Friday when the JUSTIS case management system will go offline pending a transition to the Odyssey CMS. Odyssey is slated to go live in the civil courts May 13.

Session wraps up, bills await governor’s signature

April 29, 2013

The Indiana General Assembly completed its 2013 legislative session late Friday, passing a two-year budget that retroactively eliminates the state inheritance tax and increases funding for the Department of Child Services.

Opinions April 29, 2013 ILD

April 29, 2013

Indiana Court of Appeals
Swami, Inc., et al. v. Franklin Drywall II, LLC (NFP)
10A01-1208-MF-398
Mortgage foreclosure. Affirms determination that Franklin Drywall was entitled to recover $48,681.60 and award of attorney fees to the company in dispute over delays in completing drywall work. Reverses finding that a certain mortgage debt should not be considered to be a lien against the property in question. Remands for further proceedings.

Renee Tripp v. William Bockman (NFP)
43A03-1208-DR-375
Domestic relation. Affirms in part order on mother’s petition for arrearages and remands with instructions to address her request for a determination of any arrearage related to father’s basic child support obligation.

Anthony Minney v. State of Indiana (NFP)
49A02-1206-CR-481
Criminal. Affirms conviction and sentence for Class C felony escape.

DeMarkus Adams v. State of Indiana (NFP)
49A02-1210-CR-776
Criminal. Affirms murder conviction.

Tony Campos v. State of Indiana (NFP)
15A05-1210-CR-511
Criminal. Affirms sentence for Class C felony battery with a deadly weapon.

Raymond Carter v. State of Indiana (NFP)
29A02-1210-CR-779
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

Opinions April 29, 2013

April 29, 2013

Indiana Court of Appeals
Swami, Inc., et al. v. Franklin Drywall II, LLC (NFP)
10A01-1208-MF-398
Mortgage foreclosure. Affirms determination that Franklin Drywall was entitled to recover $48,681.60 and award of attorney fees to the company in dispute over delays in completing drywall work. Reverses finding that a certain mortgage debt should not be considered to be a lien against the property in question. Remands for further proceedings.

SCOTUS declines church property dispute case

April 29, 2013

The Supreme Court of the United States will not take a case involving a dispute between churches over property.

Bankruptcy filings drop in Indiana, U.S.

April 29, 2013

Bankruptcy filings are down 14.4 percent for the 12-month period ending March 31 as compared to the same 12-month period ending March 31, 2012, according to statistics from the Administrative Office of the United States Courts.

2 Indiana teams competing Monday in the We The People finals

April 29, 2013

For the first time in Indiana history, both of the state’s We The People teams are in the top 10 of the We The People national finals.

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In This Issue

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Fort Wayne end-of-life doula tests bounds of Indiana’s funeral laws

  • New Notre Dame program helps first-year law students

Most Read
  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • Two attorneys suspended for failing to cooperate with state disciplinary commission

  • State judiciary is considering alternative exam for bar admission

  • Birth certificate changes for seven transgender Hoosiers are in limbo

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