Foreclosure notice by newspaper not good enough for COA
A bank’s failure to give proper notification of a foreclosure has kept a lienholder’s judgment alive and created uncertainty as to who holds the title to a property.
Court opinions
Articles
Judges affirm 95-year sentence for molesting boy
Although the trial court erred in admitting most of the pornographic images possessed by the defendant at his child molestation trial, the admission was a harmless error. As such, the Indiana Court of Appeals affirmed William Remy’s 95-year sentence for five charges related to repeated molestation of a boy.
COA: Out-of-state attorneys demonstrated good cause for pro hac vice admission
A Lake County judge misinterpreted a local rule when he determined that five attorneys seeking pro hac vice admission in a contract dispute did not overcome a presumption that attorneys not licensed in Indiana are not permitted to practice before the court. The Court of Appeals ordered the admission of the attorneys.
COA reverses foreclosure because bank can’t prove it holds the note
The Indiana Court of Appeals has reversed the foreclosure of an Elkhart man’s home, holding the bank that sought the foreclosure did not establish it was entitled to enforce the promissory note as its holder.
7th Circuit rebukes counsel involved in attempt to collect debt
The 7th Circuit Court of Appeals had harsh words for counsel on both sides of a lawsuit involving an unpaid educational debt, finding the attorneys have demonstrated “appalling judgment” in this case.
Woman’s suit against hospital for disparaging comments revived by COA
A trial court erred when it dismissed a woman’s intentional infliction of emotional distress claim filed against Community Hospital after she says staff made derogatory comments regarding her situation after she was brought in unconscious and under the influence of a date rape drug.
Court: Father’s failure to timely register implies consent to adoption
The Indiana Court of Appeals has affirmed the adoption of a child by the maternal grandfather after finding the purported father irrevocably implied consent after failing to timely register with the Indiana Putative Father Registry.
COA: Letter satisfied notice requirements after city damages pipeline
The Indiana Court of Appeals has affirmed the denial of the city of Plymouth’s motion to dismiss an administrative action against it stemming from damages it caused to an underground natural gas pipeline. The appeals court found the Indiana Utility Regulatory Commission satisfied the statutory and administrative requirements concerning notice of the violation and recommended penalties.
COA orders trial over whether trucking company must pay for highway damage
The crash report prepared after a fatal trucking accident on Interstate 70 that resulted in damage to the highway should not have been included as evidence in the state’s lawsuit seeking recovery of the money it spent repairing the highway, the Indiana Court of Appeals ruled Thursday. As a result, the judges reversed summary judgment in favor of the state and ordered the matter proceed to trial.
Justices affirm adoption despite father’s untimely appeal
The Indiana Supreme Court in its decision affirming the adoption of a girl first tackled the issue of appellate jurisdiction to entertain the biological father’s appeal.
1,291-day delay in holding trial requires reversing conviction
The “unduly long delay” in bringing a man to trial on a charge of child molesting – 1,291 days – violated his constitutional right to a speedy trial and requires reversing his conviction, the Indiana Supreme Court ruled Wednesday.
Former sheriff’s deputies lose suit challenging promotion process
Because the phrase “shall endeavor” should be read to mean one shall try, the Indiana Court of Appeals rejected two Indianapolis Metropolitan Police Department officers' arguments that they should have been promoted to captain. The two claimed because they were former sheriff’s deputies, the consolidation of the sheriff’s and city police departments in 2006 required their promotions to maintain proportional representation.
Tenant who trashed house loses appeal, owes attorney fees
A former babysitter entrusted to live in a family’s home while they were away for a year and care for their pet dog in exchange for paying $300 monthly rent instead trashed the place. The ex-tenant appealed an $85,889 judgment against her but now has more bills to pay.
Attorney wins summary judgment appeal
An Indianapolis attorney ensnared in a dispute between a land developer and a creditor was successful at convincing the Indiana Court of Appeals he is identical to the other defendants and should be granted summary judgment.
Despite erroneous findings, termination of parental rights affirmed
A trial court entered erroneous findings in terminating the parental rights of a mother and father concerning two minor children, but the mistakes weren’t significant enough to reverse in a case where the state presented enough evidence to warrant the decision.
Meth dealing conviction affirmed, restitution required
Convictions for dealing methamphetamine and two counts of neglect of a dependent were affirmed on appeal Tuesday, as was an order that the offender pay restitution to the state for the costs of cleaning up the meth lab.
Child support and tax deduction rulings reversed
A Lake County father prevailed in appealing a trial court order regarding his child support obligations that deviated from those recommended under Indiana’s official guidelines.
On rehearing, panel clarifies ruling regarding Death Property Act
A promissory note between a mother and son did not transfer to the mother’s estate on her death, the Indiana Court of Appeals clarified in rehearing an estate dispute that reversed a trial court ruling.
Issues of material fact allow Environmental Legal Actions claim to proceed
The Indiana Court of Appeals is allowing a claim under Indiana’s Environmental Legal Actions statute to move forward, ruling there are many questions for the lower court to examine about the former landlord’s role in the contamination of the soil.
Judgment favoring policeman’s meth-exposure claim reversed
A police officer who claimed disability resulting from his work dismantling methamphetamine labs had a favorable trial court ruling reversed by the Indiana Court of Appeals Friday.