COA: Court properly denied motion to set aside default judgment
A company being sued for negligence failed to convince the Indiana Court of Appeals that the default judgment entered against it in the matter should be overturned.
Court opinions
Articles
Assessor waived objection to untimely filing of record
The Indiana Tax Court on Friday determined that a northern Indiana assessor’s office waived its objection to a late-filed certified administrative record in a tax appeal, ruling that an objection must be made before the merits of a case have been furthered.
Former IDEM employee’s unlawful termination case can continue
A former Indiana state employee can continue her case against the Indiana Department of Environmental Management after the Court of Appeals decided Thursday that her unlawful termination complaint stated a claim upon which relief can be granted and that sovereign immunity cannot apply.
Granddaughter can continue to seek guardianship of grandfather
The Indiana Court of Appeals is allowing a granddaughter to continue seeking guardianship over her grandfather after determining that the trial court erroneously dismissed her guardianship petition.
COA: Trial court’s erroneous statement did not change terms of plea agreement
A man convicted of drug-related charges must adhere to the waiver of his right to appeal his sentence as part of his plea deal after the Indiana Court of Appeals found Thursday that the trial court’s erroneous statement did not change the terms of that agreement.
Gun evidence admissibility divides Court of Appeals
In a “he said, she said” case before the Indiana Court of Appeals Thursday, the judges were divided on whether admission of a gun into evidence prejudiced a woman’s convictions of resisting law enforcement and battery against a public safety official and her boyfriend’s battery conviction.
Appeals court finds judge complied with credit-restricted felon statute
In an issue of first impression, the Indiana Court of Appeals ruled that an Elkhart Superior judge’s advisement to a convicted child molester that she is a credit-restricted felon substantially complied with statute.
COA upholds dismissal of fired DOT employee’s untimely petition for review
A former employee of the Indiana Department of Transportation, who was fired in 2013, untimely filed his petition for judicial review after he was unsuccessful in his administrative appeals and the trial court correctly dismissed his petition, the Indiana Court of Appeals affirmed Thursday.
Reopening case after closing arguments was not an abuse of discretion
The Marion Superior Court did not abuse its discretion when it allowed the state to reopen its case against a defendant after closing arguments because the defendant had been forewarned that certain evidence could be admitted if he presented a contrary intent defense, the Indiana Court of Appeals held Wednesday.
COA: Purchase agreement valid, case against company must go to arbitration
A Kentucky-based houseboat company cannot be forced to refund a deposit to a Henry County couple after the Indiana Court of Appeals found Wednesday that an existing purchase agreement was a valid and binding contract that allowed the company to request arbitration.
Lack of expert testimony leads to judgment in favor of Indiana attorney
The lack of expert testimony in a yearslong bankruptcy case led to the appropriate grant of summary judgment to an Indiana attorney, the Indiana Court of Appeals found Tuesday.
COA holds that arbitration exclusion applies to State Farm case
The Indiana Court of Appeals affirmed summary judgment in favor of State Farm Insurance Tuesday, writing that the appellants in the case could not compel arbitration due to an exception in the arbitration agreement it signed with the insurance company.
Summary judgment in favor of New Castle prison employees reversed
An Indiana inmate can continue his case against prison officials he said prohibited him from bringing his case before the U.S. Supreme Court after the Indiana Court of Appeals decided Tuesday that summary judgment in favor of the officials was erroneous.
2016 Year in Review
From law school troubles to new court initiatives, take a look back at the top stories in Indiana Lawyer this year.
COA: Stage collapses not foreseeable as a matter of law
The company hired to provide security to country duo Sugarland on the night of the deadly stage collapse at the 2011 Indiana State Fair could not have reasonably foreseen the stage collapse as a matter of law and, thus, is entitled to summary judgment, the Indiana Court of Appeals held Tuesday.
Delinquency adjudication upheld for student who planned a school shooting
A Jackson County teenager who plotted a school shooting with a classmate will retain his delinquency adjudication after the Indiana Court of Appeals found Thursday that the trial court did not abuse its discretion in admitting Facebook conversations detailing the shooting plans.
7th Circuit affirms health care fraud, firearms convictions
The 7th Circuit Court of Appeals affirmed a man’s firearms and fraud convictions Wednesday, rejecting each of the former counselor’s arguments against his attorney and the district court judge.
COA reverses termination of parental rights, finds DCS exhibited ‘troubling behavior’
The Indiana Court of Appeals reversed Wednesday a decision terminating a mother and father’s parental relationships with their son, writing that the Department of Child Services had exhibited an “extraordinarily troubling pattern of behavior.”
Search of man’s mouth ruled unconstitutional
The Indiana Court of Appeals has overturned a man’s conviction, ruling the drugs found in his mouth should be excluded under the “fruit of the poisonous tree doctrine.”
COA affirms ruling for lender in Shelbyville low-income housing dispute
A general partner developing Shelbyville low-income apartments lost its appeal of rulings that it misappropriated or was in breach of nearly $2.75 million guaranteed for the project and that it should be liable for the lenders’ legal fees of more than $385,000.