The Court of Appeals of Indiana on Tuesday reversed a decision finding that a woman is not an heir to her grandfather’s estate and should not inherit from him because she failed to provide sufficient evidence to prove her paternity.
Describing a financial institution’s appeal as “introducing an ambiguity,” the Court of Appeals of Indiana clearly saw the attempt to make a customer arbitrate a dispute as being both too late and barred by the contract language.
A nearly maximum adult sentence for a 13-year-old’s murder conviction was an outlier needing leavening, the Court of Appeals of Indiana ruled in a Thursday reversal.
Indiana Court of Appeals
Christopher Allen Duncan; Patel’s Palace LLC, d/b/a Indy Surplus Liquidators, Midwest Surplus Liquidators, LLC, Rupal Patel, and Christopher Zorman v. Barton’s Discounts, LLC
21A-PL-211
Civil plenary. Affirms on interlocutory appeal an order from the Marion Superior Court granting Barton’s Discounts LLC’s motion to compel in part documents from Christopher Allen Duncan, Patel’s Palace LLC d/b/a Indy Surplus Liquidators, Midwest Surplus Liquidators LLC, Rupal Patel and Christopher Zorman. Also affirms its order for the appellants to produce all responsive, unredacted documents requested by Barton’s discovery request. Finds no abuse of the trial court’s discretion.
The Indiana Supreme denied transfer to nine cases last week but granted transfer in one involving insurance coverage in a fatal trucking accident.
A liquidating company cannot avoid a court order to produce unredacted documents using the argument that the Fifth Amendment protects them, the Court of Appeals of Indiana ruled Wednesday.
Indiana Court of Appeals
CT102 LLC d/b/a Metro Motors and Herman Jeffrey Baker v. Automotive Finance Corporation
21A-CC-904
Civil collection. Reverses the amount in damages awarded to Automotive Finance Corporation, finding the Marion Superior Court erred by double counting. Affirms the finding that Metro Motors did not commit conversion, finding the trial court did not err. Remands with instructions to award AFC $123,666.66, plus 15% interest from May 30, 2018, and $32,618.75 in attorney fees and expenses.
The 7th Circuit Court of Appeals has overturned the enhanced sentence of an Indiana man, ruling the enhancement did not apply because the gun he possessed was not the one used in the commission of the crime.
Holding probation is an “opportunity that can be squandered,” the Indiana Court of Appeals found a Fayette County man suffering from “poor mental health” had no one but himself to blame for the revocation of his probation.
The Marion Superior Court erred in calculating damages awarded to a vehicle-financing company but correctly determined an auto seller wasn’t guilty of conversion, the Indiana Court of Appeals has ruled.
In a dispute between neighbors over a dock being built on a shared lake, the Indiana Court of Appeals has dismissed the plaintiff’s appeal.
The Indiana Court of Appeals has overturned the conviction of a Cass County man sentenced to an aggregate of 49 years, asserting a “bright line must be drawn” over the admissibility of a defendant’s prior convictions during trial.
The Indiana Court of Appeals has affirmed sanctions imposed on a Morgan County man after he violated discovery rules and failed to submit complete and adequate responses until almost two years after discovery was requested.
Indiana Court of Appeals
Terrance Trabain Miller v. State of Indiana
20A-CR-2315
Criminal. Reverses Terrance Trabain Miller’s convictions of one count of Level 2 felony dealing in methamphetamine, one count of Level 2 felony dealing in heroin, a narcotic drug, and one count of Class A misdemeanor resisting law enforcement. Finds the Cass Circuit Court committed fundamental error when it gave a preliminary instruction on a charge of unlawful possession of a firearm by a serious violent felony, a count that was dismissed after the jury returned a guilty verdict. Remands.
The Indiana Court of Appeals affirmed Friday that a Lake County man’s request to put his credit time from a previous charge toward his current child molesting sentence was properly denied.
The Indiana Court of Appeals did not buy a Lake County man’s argument that state statute allows ineligible buyers at tax sales to avoid forfeiture by paying delinquent property taxes, finding the man had time to clear his debt but never did so.
A trial court didn’t err when it summarily denied a drug dealer’s request to modify his sentence, the Indiana Court of Appeals has ruled.
Indiana Court of Appeals
Benjamin Bertucci, Individually and Next Best Friend of Ayana Bertucci, a Minor v. Donald Bertucci and Anita Remijas
21A-CT-360
Civil tort. Affirms partial summary judgement and a cross-motion for attorney fees and costs to Donald Bertucci. Finds Bertucci wasn’t at fault for his granddaughter being bitten by a dog on his jointly owned home in Long Beach. Also finds the LaPorte Superior Court didn’t abuse its discretion. Judge L. Mark Bailey concurs in part and dissents in part with separate opinion.
A Kohl’s department store will be allowed to keep the markdown on its property taxes after the Indiana Tax Court ruled the Marion County assessor failed to present a convincing argument or evidence for why the original assessment amounts should be charged.
The Indiana Supreme Court has granted transfer to a dispute between health care providers, tackling the question of whether the state’s Medical Malpractice Act extends beyond claims brought by injured patients.