Although the Court of Appeals of Indiana allowed a woman to reopen her previously rejected direct appeal based on a missing transcript, the court still upheld the woman’s felony drug dealing conviction.
Court of Appeals of Indiana
Jennifer Pennington and Joshua Pennington v. Memorial Hospital of South Bend, Inc. d/b/a Beacon Health and Fitness, Spear Corporation, and Panzica Building Corporation
22A-CT-1573
Civil tort. Affirms St. Joseph Superior Court’s grant of summary judgment to Spear Corporation and Panzica Building Corporation and a partial summary judgment to Beacon Health Building Corporation. Finds the trial court did not abuse its discretion by striking a portion of the deposition testimony of the Penningtons’ designated expert witness nor did it abuse its discretion in its evidentiary rulings.
Court of Appeals of Indiana
In the Matter of the Marriage of Emily G. McConnell v. Cedric J. Booker (mem. dec.)
22A-DC-2348
Domestic relations with children. Affirms the Warrick Superior Court’s dissolution decree, which granted parenting time to Cedric J. Booker that deviated from the Indiana Parenting Guidelines. Finds the trial court did not abuse its discretion in its parenting time order or when it denied Emily McConnell’s motion to correct error.
The U.S. Supreme Court ruled unanimously Tuesday for a deaf student who sued his public school system for providing an inadequate education. The case is significant for other disabled students who allege they were failed by school officials.
A permanent injunction preventing two brothers from using their property for their trucking business has been upheld, but the Court of Appeals of Indiana reversed the imposition of costs and fines in the case.
Parties from the West Coast who entered into two contracts with an Indiana company had sufficient contacts within the state to give an Indiana trial court jurisdiction over them, the Court of Appeals of Indiana ruled in a split decision.
A Black female Veterans’ Administration employee who was reassigned to a different position failed to convince the 7th Circuit Court of Appeals that the VA discriminated or retaliated against her.
A trial court did not err in awarding summary judgment to two couples in a Porter County property dispute case, the Court of Appeals of Indiana affirmed Monday.
Court of Appeals of Indiana
Rupinder Thind v. Delaware County, Indiana
22A-PL-2332
Civil plenary. Affirms the grant of Delaware County’s motion for a preliminary injunction but reverses the order imposing costs and fines on Rupinder Thind. Finds the Delaware Circuit Court did not err in entering the preliminary injunction. Also finds the imposition of fines and costs was premature.
Kathryn Dircks and Barry Dircks v. Julie Camden and Camden & Meridew, P.C. (mem. dec.)
22A-PL-1292
Civil plenary. Affirms the granting of Julie and Camden’s petition requesting attorney’s fees and costs. Finds the Boone Circuit Court did not abuse its discretion.
Steven D. Lemons v. State of Indiana (mem. dec.)
22A-CR-01994
Criminal. Affirms Steven Lemons’ conviction for Level 6 felony attempted residential entry. Finds the state presented sufficient evidence to support the conviction.
The Court of Appeals of Indiana affirmed Wednesday a lower court’s decision to deny a motion to dismiss a claim that two restaurants negligently furnished alcohol to a driver who crashed into another vehicle, resulting in the death of another driver.
A trial court ruled correctly in granting a man’s petition to determine if he was an heir to the estate of a man who he claimed was his father, the Court of Appeals of Indiana affirmed Wednesday.
A man whose sentence was previously reduced to less than half of the original term could not convince the Court of Appeals of Indiana that the denial of his post-conviction relief petition was erroneous.
The children of divorced parents can’t take their mother’s dog to their father’s home during his parenting time, the Court of Appeals of Indiana has ruled in reversing a trial court’s order.
WEOC, Inc. d/b/a Wings, Etc. and Romo, LLC, d/b/a El Cantarito v. Leah Niebauer, as Special Representative of the Estate of Nathan Blount, Deceased
22A-CT-1869
Civil tort. Affirms the denial of Wings Etc. and El Cantarito’s motion to dismiss Count 3 of the wrongful death suit brought by Leah Niebauer, special representative of the Estate of Nathan Blount. Finds the estate’s claim for negligent furnishing of alcoholic beverage does state a claim upon which relief can be granted.
A man who took a truck belonging to his deceased father from his ex-wife’s house has failed in his attempt to overturn his felony burglary conviction at the Court of Appeals of Indiana.
Read Indiana appellate court decisions for the most recent reporting period.
Overturning summary judgment in a dispute between insurance providers, the Court of Appeals of Indiana ruled Tuesday that the trial court erred in granting summary judgment to the insurer that hadn’t met its payment obligation.
Court of Appeals of Indiana
United Farm Family Mutual Insurance Company v. Hudson Insurance Company
22A-PL-00544
Civil plenary. Reverses summary judgment in insurance claim case. Finds the Marion Superior Court erroneously granted summary judgment in favor of Hudson Insurance Company. Remands for further proceedings to assess the amount of “statutory interest and all legal fees and costs incurred in pursuing collection until the award is paid.”