Husband who wasn’t notified of dissolution decree wins COA reversal
A man who was never given notice of the final dissolution decree ending his marriage secured a reversal from the Indiana Court of Appeals on Wednesday.
Court opinions
Articles
Towed car lawsuit crashes into emergency exception
A driver who wheeled into an empty parking lot on a Saturday afternoon in Bloomington only to return an hour later and find his ride had been towed won the sympathy of the Indiana Court of Appeals, but his argument that his car was taken in violation of state statutes failed to gain any traction.
COA: Dispatch centers can withhold 911 calls under APRA exception
A local news station that successfully sought recorded 911 calls from an ongoing investigation into a deadly Carroll County house fire was handed a reversal Wednesday. The Indiana Court of Appeals ruled that the dispatch center was entitled to withhold the calls as investigatory records of law enforcement agencies.
Reversal: Trial court erred by transferring preferred venue in homebuilder’s dispute
A custom homebuilder has secured a reversal from the Indiana Court of Appeals in a preferred venue dispute after successfully arguing that the case was wrongly transferred to another county.
Asylee not entitled to state credit for time served under federal authority, COA rules
A would-be asylee convicted of a state sex crime was not entitled to credit for time he served in a county jail at the request of the federal government pending his state sentencing, the Indiana Court of Appeals has ruled.
Indiana Court Decisions – April 9-22, 2020
Read Indiana appellate court decisions from the most recent reporting period.
COA partially reverses for financial adviser in Marion development dispute
The Indiana Court of Appeals has partially reversed in favor of a financial adviser in a dispute with the city of Marion after years were wasted on a construction project that was projected to cost millions of dollars.
Court tosses NY case that could have expanded gun rights
The Supreme Court sidestepped a major decision on gun rights Monday in a dispute over New York City’s former ban on transporting guns.
Supreme Court rules against Georgia in copyright dispute
The Supreme Court ruled Monday against the state of Georgia in a copyright lawsuit over annotations to its legal code, finding they cannot be copyrighted.
Case against Indy attorney to proceed after client wins reversal
An Indianapolis attorney being sued by a former client in a post-conviction relief case faced a reversal Monday after the Indiana Court of Appeals found that the client’s complaint alleging violations of certain canons of the Rules of Professional Conduct did not deprive the trial court of jurisdiction over the case.
Reversal: Indianapolis not indemnified against wrongful-death suit
A landscaping contractor for the city of Indianapolis does not have to defend the city in a citizen’s wrongful-death lawsuit, the Indiana Court of Appeals ruled Monday, reversing in favor of the tree-services company.
COA affirms award of custody to non-surrogate mother, against father
A father fighting against the award of custody of his child to his ex-wife did not convince the Indiana Court of Appeals that a mistake had been made.
Michigan wins appeal over out-of-state liquor shipments after suit from Indiana retailer
Retailers outside Michigan can’t send alcohol directly to the state’s consumers, a federal appeals court said, a ruling that impacts at least one Indiana alcohol retailer.
Opinions April 24, 2020
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of J.B., D.O., P.F., & K.B. (Minor Children) and L.F. (Mother); et al. v. Indiana Department of Child Services, et al. (mem. dec.)
19A-JT-1935
Juvenile termination. Affirms the involuntary termination of L.F.’s parental rights to her children, J.B., D.O., P.F., and K.B. Finds L.F.’s due process rights were not violated by any alleged deficiency in the services offered to her by the Department of Child Services. Further, finds the evidence supports the Marion Superior Court’s findings. Concludes the findings support its conclusions that the conditions under which children were removed from L.F.’s care would not be remedied, that termination of her parental rights was in the children’s best interests, and that there existed a suitable plan for the care and treatment of children following the termination of parental rights.
Justices reject EPA’s narrow view of Clean Water Act
The US Supreme Court ruled Thursday that sewage plants and other industries cannot avoid environmental requirements under landmark clean-water protections when they send dirty water on an indirect route to rivers, oceans and other navigable waterways.
US Supreme Court sides with government in immigration case
The US Supreme Court is making it harder for noncitizens who are authorized to live permanently in the United States to argue they should be allowed to stay in the country if they’ve committed crimes.
Opinions April 23, 2020
Indiana Court of Appeals
Wayne Doug Zollinger v. Wagner-Meinert Engineering, LLC
19A-PL-01501
Civil Plenary. Affirms the Allen Superior Court order finding Wayne Zollinger breached the terms of his noncompetition agreements with his former employer Wagner-Meinert Engineering LLC, and its award to Wagner-Meinert of $38,657 in attorney fees. Affirms the trial court’s award of summary judgment in favor of WME on some issues and its bench trial rulings for WME on others. Finds the trial court did not err in ordering an injunction against Zollinger mandating compliance with noncompete agreements or in ordering him to pay more than $38,000 of WME’s attorney fees and expenses. Awards Wagner-Meinert additional appellate attorney fees and remands to the trial court for a calculation.
CHINS ruling upheld despite impermissible phone testimony
A child in need of services adjudication was upheld Thursday by the Indiana Court of Appeals after it found that the admission of testimony by phone from a doctor amounted to harmless error.
COA: K-9 sniff did not prolong traffic stop
A defendant was unable to convince the Indiana Court of Appeals that while the police were justified in pulling him over, they violated his constitutional rights by detaining him and conducting a dog sniff after the initial traffic stop had been completed.
Lake County property buyer wins appeal after township altered building
A Lake County court ruling for a township that removed light fixtures and historical artifacts from a building it sold after the property had already been purchased was reversed by the Indiana Court of Appeals on Thursday.