Articles

Husband with 2 wives avoids annulment at COA

A Goshen wife who discovered during divorce proceedings that her husband had actually been married to another woman during their marriage had her decree of annulment overturned after the Court of Appeals of Indiana found the man was not properly notified through a service by summons.

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Opinions April 1, 2022

Court of Appeals of Indiana
In the Matter of the Marriage of: Andrew J. Hoesli v. Jamie L. Hoesli (mem. dec.)
21A-DC-2001
Domestic relations with children. Reverses the Perry Circuit Court’s division of property in the dissolution of the marriage of Andrew Hoesli and Jamie Hoesli. Finds the trial court erred by issuing a retroactive possession of property and excluding the Huber Funeral Home distributions from the marital estate. Remands for the trial court to include the distributions in the marital estate and either divide the marital property pursuant to the rebuttable presumption of an equal division or set forth its rationale for an unequal division of the marital estate.

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COA: Open door lawsuit requires a bond to continue

Residents of Cass County who challenged the local government’s actions to lure a zinc oxide manufacturing facility to their community will have to put more skin in the game to continue their fight after the Court of Appeals of Indiana found they filed a public lawsuit that requires the setting of a bond.

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Unchanged situation justifies custody reversal, COA rules

Divorced parents who feuded so much they were described as having “drawn their swords” battled over custody of their child such that two trial court judges differed on which parent should have primary custody, but the Court of Appeals of Indiana determined the considerations of the case “make it rather straightforward” that the father should be the primary custodial parent.

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The new frontier: Indiana attorneys navigating name, image, likeness ‘Wild, Wild West’

On June 21, 2021, the Supreme Court of the United States unanimously ruled the National Collegiate Athletic Association couldn’t prohibit athletes on teams at member schools from receiving certain education-related compensation. In affirming the 9th Circuit Court of Appeals’ opinion in NCAA, et al. v. Alston, et al., college athletes were given the green light to get paid for their names, images and likenesses. By June 30, the NCAA had released an interim NIL policy, providing general guidelines as to how universities and athletes could approach NIL business ventures while also complying with existing NCAA bylaws prohibiting “pay-for-play” arrangements.

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