COA: trial court skipped step in land dispute
In defusing a property battle among neighbors, the Indiana Court of Appeals has instructed the trial court to order a land survey that includes durable markers.
Court opinions
Articles
High court vacates portion of puppy mill opinion relating to subject matter jurisdiction
After granting transfer to clarify how a “clerical error” affected the citations in a June opinion from the Indiana Court of Appeals, the Indiana Supreme Court upheld the portion of that decision that relieved a former Indiana Attorney General’s Office attorney of a $15,000 judgment against him.
COA rejects town’s request to annex territory for possible property development
The Indiana Court of Appeals has ruled against a northern Indiana lakefront town seeking to annex roughly 2,800 acres for “potential” economic development, finding the town failed to prove the annexation was needed and could be used for development.
COA: Bank that sold property to itself entitled to summary judgment
A northern Indiana bank that took deed of a property in lieu of foreclosure and sold the property to itself was entitled to summary judgment on the owner’s claims of fraud and breach of agreement, the Indiana Court of Appeals ruled Wednesday after finding those claims were “wholly without merit.”
Divided COA allows fraud claim against bank to proceed
A man whose inheritance from his deceased mother was depleted by more than $60,000 while a bank and his relatives were guardians of his family’s estates can continue in his lawsuit against the bank, the Indiana Court of Appeals ruled Tuesday.
Summary judgment to railroad company on citations complaint reversed
A Virginia-based rail company must face the state of Indiana in court in a conflict over whether state-issued citations for blocking grade crossings were proper after the Indiana Court of Appeals determined Tuesday that federal law does not preempt state law governing how long a train can block a crossing.
COA affirms $813,000 award in Clark County water dispute
A judgment in favor of a utility that had an agreement to supply water to another utility serving customers in Clark County was affirmed Tuesday by the Indiana Court of Appeals.
Court only corrects ‘immaterial’ errors in opinion on rehearing
After granting rehearing to an August opinion to correct “immaterial factual errors,” the Indiana Court of Appeals reaffirmed a decision that upheld allegedly defamatory statements made by an attorney were protected.
COA dismisses appeal of summary judgment to law firm on legal malpractice claim
After finding an order granting summary judgment to an Indianapolis law firm facing a legal malpractice claim was not a final order, the Indiana Court of Appeals dismissed an appeal challenging the summary judgment ruling.
2 of man’s convictions after botched robbery reduced due to double jeopardy violations
A man convicted on eight charges related to an attempted robbery will have his sentencing enhancement vacated and two of his convictions reduced after the Indiana Court of Appeals found multiple errors in the trial court’s handling of the case.
COA sends securities fraud claim to trial
A claim of securities fraud against an Indiana health company must proceed to trial after the Indiana Court of Appeals determined the trial court erred by striking a request for a jury trial without the consent of both parties.
Election against ex-husband’s will barred due to unresolved marriage status
The purported ex-wife of a now-deceased man cannot proceed with her election against the man’s will because the couple failed to resolve the issue of the legal status of their marriage for more than 40 years, thus barring her claim under the doctrine of laches, the Indiana Court of Appeals has ruled.
Justices affirm reversal of resisting conviction, decline to address related constitutional analysis
A man who was convicted of resisting a law enforcement officer will no longer have that conviction on his record after the Indiana Supreme Court affirmed the appellate reversal of his conviction in a Tuesday opinion.
Judge dismisses ex-IU player’s suit against DraftKings, FanDuel
A judge dismissed a lawsuit by a former Indiana University football player and two others ex-collegiate athletes who claimed daily online fantasy sports sites DraftKings and FanDuel impermissibly used their names, images and likenesses to market what they alleged was illegal gambling.
Justices order dissemination charge reinstated, overrule COA precedent
A 38-year-old man who sent an explicit photo to a 16-year-old girl must face a felony charge after the Indiana Supreme Court ruled that it is illegal for adults to send sexually explicit photos to any person under the age of 18. The high court also overruled a 2009 Court of Appeals decision that had reached the opposite conclusion.
Tax Court rules against CVS in dispute over Monroe County store valuation
The most recent in a long line of tax disputes between the Monroe County assessor and CVS Corp. has ended with two rulings against CVS after the Indiana Tax Court affirmed assessed valuations of Monroe County CVS stores.
Juvenile court must reconsider modification petition for teen without counsel
A Kosciusko County teen who was made a ward of the Department of Correction will get another day in court after the Indiana Court of Appeals determined the teen did not waive his right to counsel at the hearing where he was made a ward.
COA affirms termination of parental rights, declines request to interpret phrase in statute
The Indiana Court of Appeals has affirmed the termination of a father’s parental rights, even though the fact-finding hearing was held outside the statutory time frame. The judges also declined to interpret whether the applicable statute contains directory or mandatory language.
Judges affirm intimidation conviction against man who threatened neighbor
The state presented sufficient evidence to prove a Cass County man intimidated his neighbor by engaging in a true threat against his neighbor and intending to place his neighbor in fear of retaliation, the Indiana Court of Appeals has ruled.
COA reverses CHINS finding for lack of evidence
An Allen County child will no longer be considered in need of services after the Indiana Court of Appeals determined Friday the Department of Child Services failed to provide sufficient evidence to support a CHINS finding.