Appellate court affirms trial court’s summary judgment orders in land dispute case
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 opinions
Articles
Opinions March 20, 2023
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.
Opinions March 17, 2023
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.
Opinions March 16, 2023
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.
COA affirms denial of motion to dismiss in wrongful death case filed after drunken driving crash
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.
Man’s petition to determine heirship should be granted, Court of Appeals affirms in estate case
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.
In 5th appeal, COA affirms denial of PCR petition filed by man whose sentenced was slashed
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.
No bones about it: COA rules children don’t have authority to take mother’s dog to father’s home
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.
Opinions March 15, 2023
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.
COA upholds burglary conviction after man takes father’s truck
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.
Indiana Court Decisions: Feb. 22-March 8, 2023
Read Indiana appellate court decisions for the most recent reporting period.
Appellate court reverses summary judgment, remands for payment in dispute between insurers
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.
Opinions March 14, 2023
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.”
COA: Man who hid from police, pulled arm away met definition of resisting law enforcement
A Shelbyville man who hid from police in an attic and pulled his arm away during an attempted arrest was properly found guilty of resisting law enforcement, the Court of Appeals of Indiana ruled in affirming a trial court’s decision.
Robbery and drug conviction holds due to evidence, 7th Circuit finds
The 7th Circuit Court of Appeals affirmed a robbery, drug and gun-related conviction, ruling there had been sufficient evidence provided at the district court.
7th Circuit imposes NLRB proposed sanctions, fine in collective bargaining case
The 7th Circuit Court of Appeals has found a northern Indiana construction company in contempt and imposed most of the National Labor Relations Board’s proposed sanctions against the company, including a $192,400 fine.
Opinions March 13, 2023
Court of Appeals of Indiana
Gregory Wireman v. LaPorte Hospital Co., LLC
22A-CT-2639
Civil tort. Affirms summary judgment in favor of the LaPorte Hospital. Finds the LaPorte Circuit Court did not err by concluding that the doctrine of res ipsa loquitur does not apply to Gregory Wireman’s claims.
Justices grant transfer to Ball State student’s COVID breach-of-contract class action, 2 other cases
Indiana Supreme Court justices have agreed to consider a case involving a student who filed a class action lawsuit against Ball State University for COVID-related closures.
7th Circuit reverses lower court’s finding in First Amendment case, affirms severability determination
Monroe County’s variance procedure operated as a prior restraint of speech, but it didn’t amount to a First Amendment violation, the 7th Circuit Court of Appeals has ruled in reversing a district court’s finding and vacating a permanent injunction.
Opinions March 10, 2023
7th Circuit Court of Appeals
Kristie A. Alley v. Penguin Random House
21-3158
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard Young.
Civil. Affirms the grant of summary judgment to Penguin Random House on Kristie Alley’s retaliation claim, and the earlier dismissal of her breach of contract claim. Finds a reasonable juror could not find that Alley’s demotion was due to her engagement in a protected activity. Also finds Penguin’s employee Code of Conduct did not convert Alley’s at will employment into a contractual relationship. Judge Candace Jackson-Akiwumi dissents with separate opinion.