Indiana Court of Appeals
Shannon M North, et al. v. Selective Insurance Co of South Carolina
20A-PL-0063
Civil plenary. Affirms the Allen County Superior Court’s denial of Shannon and Miles Norths’ motion for partial summary judgment against Selective Insurance Co. of South Carolina. Finds the trial court did not err in granting the motion and in granting Selective’s motion for summary judgment.
The Indiana Court of Appeals has affirmed the denial of a family’s motion for partial summary judgment against an insurance company after a car crash they were involved in left the mother seriously and permanently injured.
Scenes from protests have dominated television screens for months. People of all ages, sizes, races, genders and backgrounds have participated in events calling for an end to racial inequality. But how do judges fit into the mix?
Read Indiana appellate decisions from the most recent reporting period.
Indiana Court of Appeals
James T Knight v. State of Indiana
20A-CR-068
Criminal. Reverses the Carroll Circuit Court’s imposition of the community service probation condition for licensed attorney James T. Knight. Finds that the trial court complied with the procedural requirements of Indiana Code § 35-38-2-1.8 when it held a new probation hearing. However, also finds that the imposition of the community service condition was beyond the trial court’s discretion where the plea agreement contained language that limited the trial court’s discretion to impose that condition.
A northern Indiana lawyer who pleaded guilty to battering his wife has been relieved of a community service condition imposed on his probation.
Although an Indiana trial court erred in declining to dismiss a biological mother’s motion to overturn her child’s adoption, the court properly denied that motion, keeping the adoption in place. Thus, the Indiana Court of Appeals affirmed and upheld the Clinton County adoption on Tuesday.
Indiana Court of Appeals
Molly Ann Melton v. Indiana Athletic Trainers Board, et al.
19A-CT-1972
Civil tort. Affirms in part the Marion Superior Court’s grant of summary judgment on Molly Melton’s 42 U.S.C. § 1983 claims for alleged violations of her constitutional rights in the disciplinary process leading to the suspension of her athletic training license. Finds the trial court properly granted summary judgment to the Indiana Athletic Trainers Certification Board, the Indiana Professional Licensing Agency and others, but erred in granting relief on Melton’s petition for judicial review. Thus, reverses the trial court’s judicial review order.
A Rochester woman convicted in a school bus crash that killed three children and seriously injured a fourth had her misdemeanor reckless driving conviction vacated Monday on double jeopardy grounds. However, her felony convictions will stand.
An athletic trainer who lost her license after beginning a sexual relationship with a student-client lost her second bid at the Indiana Court of Appeals to reinstate her license.
As the process of removing animals from an Indiana zoo featured on Netflix’s hit series “Tiger King” begins, the owner of the zoo is already facing a contempt motion for allegedly interfering with the court-ordered removal.
Indiana Court of Appeals
Richard D. Moseley and Lisa M. Moseley v. Trustees of Larkin Baptist Church and the Larkin Baptist Church, an unincorporated association
20A-PL-98
Civil plenary. Affirms the Spencer Circuit Court’s order granting summary judgment for the Trustees of Larkin Baptist Church and the Larkin Baptist Church on Richard and Lisa Moseleys’ adverse possession counterclaim in the church’s action to quiet title. Finds that the Moseleys did not designate evidence sufficient to create a genuine issue of material fact. Also finds that the trial court did not err.
A church in a property dispute with its neighbor over a grassy area between the properties received an affirmation from the Indiana Court of Appeals on Friday.
Indiana Court of Appeals
Indiana Family Institute Inc., et al. v. City of Carmel, et al.
19A-MI-2991
Miscellaneous. Affirms the grant of summary judgment to the cities of Bloomington, Carmel, Columbus and Indianapolis on the complaint brought by the Indiana Family Institute, Indiana Family Action and the American Family Association challenging the “fix” to the 2015 Religious Freedom Restoration Act, and the Hamilton Superior Court’s denial of a motion for judicial notice. Finds the plaintiff-appellants have not demonstrated that nondiscrimination ordinances in the defendant cities have interfered with or chilled their First Amendment rights. Also finds they are not facing the threat of an impending injury or a substantial risk of harm from the nondiscrimination ordinances. Declines to address the appellants’ arguments regarding judicial review.
A district court ruling that struck down a Hoosier abortion law requiring the reporting of “abortion complications” has been appealed to the 7th Circuit Court of Appeals, Indiana Attorney General Curtis Hill announced.
Indiana Court of Appeals
Michael and Mary Poore, Individually and on Behalf of J.P. v. Indianapolis Public Schools and its Board of Education
19A-CT-1439
Civil tort. Affirms in part the Marion Superior Court’s judgment in favor of Indianapolis Public schools and its Board of Education on Michael and Mary Poores’ claims for breach of contract, negligence, and violation of the Indiana Deceptive Consumer Sales Act when IPS refused to pay for their child’s advanced math class taken outside of the IPS system. Holds that the trial court did not abuse its discretion by excluding the testimony of a certain witness; IPS was not negligent because IPS did not deny J.P. the benefit of early college credits; and no valid, enforceable contract existed between IPS and the Poores requiring IPS to pay for the class. Reverses the conclusion on the DCSA and holds that IPS was not subject to the statutory requirements of the DCSA.
Two parents who argue that Indianapolis Public Schools should have paid for their teen son’s college math class while he was in high school could not convince the Indiana Court of Appeals to rule in their favor in a Wednesday decision.
A man awarded $40,000 after a crash involving an 18-wheeler will not get a second damages trial after the Indiana Supreme Court rejected his challenge to a damages-mitigation jury instruction.
Indiana Supreme Court
Patrick Humphrey v. Brian Tuck, US Xpress, Inc.
20S-CT-548
Civil tort. Grants transfer and affirms the Jackson Superior Court’s entry of judgment on a jury’s $40,000 damages verdict in favor of Patrick Humphrey, and the trial court’s denial of Humphrey’s motion to correct error. Finds there was enough evidence to support giving the challenged failure-to-mitigate jury instruction.
Juvenile courts’ jurisdiction to waive minors to adult court ends when the juvenile reaches the age of 18 or 21, depending on the nature of the case, the Indiana Supreme Court ruled Tuesday, reinforcing bright-line statutory jurisdiction in dismissing a pair of cases alleging child molestation.