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A trial court erroneously denied a motion to set aside default judgment against a building company when it considered that motion just one day after it was filed without giving notice to the defendants, the Court of Appeals of Indiana has ruled.
Court of Appeals of Indiana
Legacy Builders Indiana, Inc. and as amended Legacy Builders Indiana, LLC, et al. v. Christopher Crocker and Beth Anne Robards-Crocker
21A-CT-2255
Civil tort. Reverses the denial of Legacy Builders Indiana Inc. and Jonathon D. Douglas’ motion to set aside a default judgment in favor of Christopher Crocker and Beth Anne Robards-Crocker. Finds the Clay Circuit Court abused its discretion by holding a hearing without notice to the defendants. Also finds the trial court erred by denying the motion to set aside the default judgment where the trial court lacked personal jurisdiction. Remands for further proceedings.
A pair of protective orders issued against two brothers by a classmate have been reversed after the Court of Appeals of Indiana determined the defendants weren’t given an impartial hearing and were denied due process by the Lawrence Circuit Court.
A northwestern Indiana middle school student faces a charge of possessing a destructive device after two improvised explosive devices were found inside a backpack, authorities said.
A southern Indiana couple faces murder charges after they allegedly failed to regularly feed their infant son and the newborn starved to death.
The U.S. Supreme Court on Thursday upheld the dismissal of a discrimination lawsuit filed by a deaf, legally blind woman against a physical therapy business that wouldn’t provide an American Sign Language interpreter for her appointments.
Former Minneapolis police officer Derek Chauvin is appealing his conviction for murder in the killing of George Floyd, arguing that jurors were intimidated by the protests that followed and prejudiced by heavy pretrial publicity.
Court of Appeals of Indiana
Maria L. Cole v. Peter G. Cole
21A-MI-2415
Miscellaneous. Reverses the St. Joseph Circuit Court’s determination that Maria Cole’s children, J.M.C. and L.R.C., have their “habitual residency” in the Federal Republic of Germany under the Hague Convention on the Civil Aspects of International Child Abduction. Finds the trial court erred when it determined the children have their habitual residency in Germany and not in the United States.
Indiana Attorney General Todd Rokita has filed a lawsuit against the Black Lives Matter Global Network Foundation as part of an ongoing investigation related to the organization’s use of funds donated by Hoosiers.
After an almost four-month delay, Marion Superior Court will start operating out of the new Community Justice Campus on the east side of Indianapolis May 2.
A northern Indiana gang member involved in a drug robbery-turned-shootout that resulted in a murder will not have his convictions overturned or sentenced reduced on federal appeal.
The Court of Appeals of Indiana has reversed for a mother who moved from Germany to South Bend with her husband and children, finding she did not wrongfully retain her children in the United States after their father returned to Europe.
A man convicted of child molestation has secured a new trial after the Indiana Supreme Court concluded he was wrongly denied a continuance to review new evidence submitted one day before trial.
Lawmakers on Capitol Hill aggressively questioned the chief executives of the country’s four major beef producers, accusing them of engaging in anti-competitive practices that have financially harmed cattle ranchers and driven up the price of meat.
The fertile mind of Justice Stephen Breyer has conjured a stream of hypothetical questions through the years that have, in the words of a colleague, “befuddled” lawyers and justices alike.
A Fort Wayne woman has pleaded guilty to three felony charges in the death of her 9-year-old stepson, who died in December after suffering blunt force injuries.
A former Indiana state trooper cleared of killing his wife and their two children at a third trial after spending 13 years in prison will receive $4.6 million from the state to settle a federal lawsuit, his attorneys said Wednesday.
An Indianapolis lawyer has pleaded not guilty to misdemeanor charges stemming from his alleged involvement with the U.S. Capitol riot on Jan. 6, 2021.
Court of Appeals of Indiana
Scott Geels and Erica Leitch v. Desiree Morrow and Sean Riley
21A-MI-960
Miscellaneous. Grants Scott Geels and Erica Leitch’s petition for rehearing to correct the mislabeling of their underlying proceedings brought against Desiree Morrow and Sean Riley. Finds that the appellate review standards for guardianship cases and de facto custodian cases are used interchangeably by the Court of Appeals of Indiana and the Indiana Supreme Court. Therefore finds the trial court’s determination that Morrow’s child’s best interests were served by remaining in the custody of her mother prohibits a ruling in the appellants’ favor, regardless of whether the proceeding was for guardianship or custody as de facto custodians. Affirms the appellate court’s prior decision in all other respects.
Two Indiana law schools recorded an uptick in the ultimate bar passage rates for their graduates who first took the licensing exam in 2019, mirroring a similar improvement in the aggregate data the American Bar Association compiled for all law schools.