Court opinions - The Indiana Lawyer

Opinions Dec. 12, 2019

December 12, 2019

Indiana Court of Appeals
Muir Woods Section One Assn., Inc., et al. v. Marion County Treasurer, et al.
18A-CC-02643
Civil collection. Affirms the Marion County Assessor, Treasurer, and Auditor’s motion for dismissal for lack of subject matter jurisdiction against Muir Woods Section One Association and Nantucket Bay Homeowners Association. Finds the Marion Superior Court lacks subject matter jurisdiction to order the Treasurer to issue refunds to the homeowners associations for overpayment of taxes.

HOA fight for tax refunds can’t be heard due to lack of jurisdiction

December 12, 2019 | Katie Stancombe

The Indiana Court of Appeals has dismissed motions brought by two homeowners associations, finding the Marion Superior Court cannot order the county treasurer to refund the associations for overpayment of taxes.

Father loses appeal of denied petition to terminate guardianship

December 12, 2019 | Olivia Covington

A father’s failed attempt to vacate a guardianship order was upheld at the Indiana Court of Appeals, which also warned his counsel against “vitriolic language” accusing the opposing party and trial court of improper motives.

Lake County man’s 5-year sentence for shooting upheld

December 12, 2019 | Katie Stancombe

The Indiana Court of Appeals has affirmed that a Lake County man’s five-year sentence for shooting someone multiple times must be served despite his pre-sentencing rehabilitation efforts.

Tax Court affirms lakeshore property assessment

December 12, 2019 | Katie Stancombe

A lakeshore property owner in northern Indiana was unable to convince the Indiana Tax Court on Wednesday that an abuse of discretion took place when his vacant lot was assessed at a higher rate than he had hoped.

COA: Son who threatened mom with unloaded pellet gun used ‘deadly weapon’

December 12, 2019 | Dave Stafford

A man whose felony convictions in a domestic violence case were enhanced because he possessed and used a weapon that turned out to be an unloaded and possibly broken pellet gun lost his appeal arguing the charges against him were wrongly aggravated and that he was a victim of double jeopardy.

Appeals court: Specialized driving privileges may not exceed 2½ years

December 12, 2019 | Dave Stafford

Indiana trial courts may not grant specialized driving privileges to motorists whose licenses have been suspended without also limiting those privileges to no more than two-and-a-half years, an appellate panel ruled Thursday.

Opinions Dec. 11, 2019

December 11, 2019

Indiana Court of Appeals
Jun Li and Jimmy Chung Fai Tam v. NextGear Capital, Inc.
19A-CC-608
Civil collection. Reverses the denial of Jun Li’s motion to set aside default judgment in a complaint filed by NextGear Capital, Inc. Finds Li has demonstrated grounds for setting aside the entry of default judgment pursuant to Trial Rule 60(B)(1) and has alleged a meritorious defense. Also finds the trial court abused its discretion in denying his motion to set aside default judgment. Remands for further proceedings. Judge Margret Robb concurs with separate opinion.

Split COA affirms ex-doctor’s probation revocation

December 11, 2019 | Katie Stancombe

An order for a former doctor involved in a pill mill scheme to serve thousands of days in jail for violating probation has been affirmed. A divided Indiana Court of Appeals panel concluded there was enough evidence to prove a new offense was committed.

Findings not made to dispense with biological father’s adoption consent

December 11, 2019 | Katie Stancombe

The Indiana Court of Appeals has remanded a granted adoption petition after finding a trial court failed to make findings that would allow for the children’s biological father’s consent to be dispensed with.

COA: Elkhart pastor incorrectly found in contempt, ordered to jail

December 11, 2019 | Katie Stancombe

A years-long dispute between an Elkhart pastor and members of his congregation has resulted in a reversal from an appellate panel that determined a trial court erred in ordering the faith leader to spend one month in jail.

Default judgment reversed in car dealership collections case

December 11, 2019 | Olivia Covington

Default judgment against a former auto dealership executive has been set aside after the Indiana Court of Appeals found excusable neglect in an executive’s failure to adequately respond to a collections complaint.

Split COA: Prosecutor can file for paternity at putative father’s request

December 11, 2019 | Dave Stafford

A divided panel of the Indiana Court of Appeals has reversed the dismissal of an alleged father’s time-barred petition seeking to establish paternity of a child. The majority held a prosecutor is authorized to pursue such a request outside the general two-year statute of limitations. A dissenting judge, however, warned the holding “makes a mockery” of the two-year statute of limitations in paternity cases.

Indiana Court decisions – Nov. 20-Dec. 4, 2019

December 11, 2019

Read Indiana appellate court decisions from the most recent reporting period.

Opinions Dec. 10, 2019

December 10, 2019

Indiana Court of Appeals
Lake & Forest Club, Inc. v. Beulah Hamilton, et al. (mem. dec.)
19A-MI-1695
Miscellaneous. Affirms the dismissal of Lake & Forest Club, Inc.’s petition for judicial review of a decision of the Jackson County Board of Zoning Appeals. Finds the trial court did not err in dismissing the petition. Finds the club could not circumvent the requirement for timely filing the board record by filing an amended petition.

Appeals court affirms TPR despite trial court’s error

December 10, 2019 | Katie Stancombe

A trial court’s error in denying a mother’s motion to separate witnesses during her termination of parental rights hearing was harmless, and therefore reversal was not mandated, the Indiana Court of Appeals has ruled.

Tax Court upholds Elkhart CVS store assessment

December 10, 2019 | Katie Stancombe

A CVS pharmacy store in Elkhart could not persuade the Indiana Tax Court to rule in its favor in an appeal of the Indiana Board of Tax Review’s final determination of its property value.

Opinions Dec. 9, 2019

December 9, 2019

Indiana Court of Appeals
Scott Shields v. Town of Perrysville
19A-MI-00979
Miscellaneous. Affirms the Vermillion Circuit Court’s judgment in favor of the Town of Perrysville on its quiet title action against Scott Shields. Finds the trial court did not clearly err in rejecting Shield’s claim of abandonment. Declines to reweigh evidence and reassess witness credibility regarding an expert survey.

COA affirms for snow removal service in slip-and-fall case

December 9, 2019 | Katie Stancombe

The Indiana Court of Appeals has affirmed a snow removal company sued by a woman in a slip-and-fall case was not required to apply salt to an apartment complex’s premises absent a specific request that it do so.

COA reverses murder conviction in trailer fire over suspect’s statements

December 9, 2019 | Katie Stancombe

The Indiana Court of Appeals has reversed a man’s murder conviction stemming from a trailer fire. The appellate court concluded the man was incorrectly denied his motions to suppress incriminating statements made to police after he indicated he was done talking to them.

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