COA: Inmate must pay filing fees
The Indiana Court of Appeals has ruled today on another case filed by a New Castle Correctional Facility inmate who had filed at least 50 civil actions.
Civil Case
Articles
COA rules on landowner first-impression issue
For the first time, the Indiana Court of Appeals needed to decide whether an urban or residential landowner owes a duty to protect neighbors from damage caused by a tree falling from the landowner's property. In J. John Marshall and Marjorie Marshall v. Erie Insurance Exchange a/s/o Cindy Cain, No. 20A03-0908-CV-366, Cindy Cain's home is next […]
Full appeals court decides on IPAS case
Nine months ago, a federal judge in Indianapolis refused to dismiss a case about the state's practices and programs regarding mentally ill inmates, finding an independent state agency had a right to sue on those issues.
Court: Medical record loss is negligence
If a hospital or provider loses records so that a patient can't pursue a medical malpractice case, the Indiana Court
of Appeals says state law allows that person to pursue a separate civil action for spoliation of evidence.
COA: annexed parcels must touch each other
The Indiana Court of Appeals reaffirmed today that Indiana requires that an annexation ordinance applies only to solid, unbroken areas of land. This issue arose in an annexation dispute between two northern Indiana towns.
COA: inequity in grandparent visitation act
The Indiana Court of Appeals discovered an inequity in the Grandparent Visitation Act due to the lack of biological relationships between the parties in an adoption petition.
Justices: Agreement was impermissibly modified
A LaPorte Superior judge made an impermissible modification to a divorced couple's settlement agreement by giving the bank's lien on the family farm priority over the ex-wife's lien, the Indiana Supreme Court ruled today.
COA rules on service of summons issues
The Indiana Court of Appeals addressed service of summons issues in foreclosure actions in two decisions today, finding the servicing parties needed to do more to ensure the recipients actually get notice.
Trial court lacks jurisdiction in tax suit
The Indiana Tax Court is the proper venue for a suit filed by the state to recover an erroneous tax refund, the Indiana Court
of Appeals affirmed today.
COA rules against voting-systems company
The Indiana Court of Appeals affirmed a lower court order denying an electronic voting systems company's petition for stay on an order prohibiting it from marketing, selling, or leasing voting systems in Indiana for 18 months.
Indiana’s Good Friday lawsuit: 10 years later
State courts and Indiana's government offices are closed today in observance of Good Friday, but it's because of a
lawsuit a decade ago that they can take this as a holiday.
COA: Commissioners couldn’t dissolve district
The Brown County Commissioners had no authority to enact an ordinance to attempt to dissolve a recently created fire district, the Indiana Court of Appeals concluded today.
Ex-racer loses appeal on Porsche ownership
The 7th Circuit Court of Appeals has issued its take on an ownership dispute over a classic 1979 Porsche on display at the Indianapolis Motor Speedway Foundation's Hall of Fame Museum.
Circuit Court rules on first impression issue
The 7th Circuit Court of Appeals resolved an issue of first impression today: what is needed to be deemed "adequate writing" under the Telecommunications Act of 1996.
COA reverses finding IDEM breached agreement
The Indiana Court of Appeals reversed the finding that the Indiana Department of Environmental Management breached a settlement agreement because the trial court didn't have subject matter jurisdiction to determine whether it committed a breach.
Estate entitled to hearing on cause of fire
A plaintiff is entitled to a hearing on whether vandalism caused the fire at an unoccupied home, the 7th Circuit Court of Appeals ruled today. The District Court never made a finding on the investigation that indicated it may have been burglars who started the fire.
Judge dissents in eviction case
There is "potential for abuse" when an armed and uniformed police officer is at the scene of a self-help eviction or repossession of a private party, according to an Indiana Court of Appeals judge.
COA allows woman to establish maternity
The Indiana Court of Appeals reversed the denial of an agreed petition to establish paternity and maternity of a child who was born of a surrogate, finding equitable relief should allow the biological mother to establish she is in fact the baby's biological mother.
Dad who took son owes arrearage to mom
The Indiana Court of Appeals split today in its decision of who should receive back child support payments from a father who kidnapped his son for 16 years before turning himself in when the son was 23 years old.
All elements of ‘fair value’ must be considered
Although there isn't any Indiana caselaw detailing how the shares held by dissenting shareholders are to be appraised, the Indiana Court of Appeals adopted the view that trial courts should consider all possible elements of the present value of the corporation on the valuation date, including the company's possible future plans.