COA rules assets unfairly distributed in divorce
The Indiana Court of Appeals ruled Friday that a lower court erred in its distribution of assets and debts between a divorced Hendricks County couple.
Court opinions
Articles
COA: Arbitration order for homebuilder, owner ‘premature’ in plumbing dispute
A Lawrence couple will not be compelled to arbitration over a sewage dispute with their homebuilder at this time, the Indiana Court of Appeals ruled in a Friday reversal, finding an order to do so by the Marion Superior Court was “premature.”
COA reverses trial court’s modification in child custody case
A trial court erred in granting a petition for sole custody of a child to his father and will need to revisit its decision, the Indiana Court of Appeals has ruled.
Indiana leads 15-state brief in favor of remain-in-Mexico immigration policy
Indiana Attorney General Todd Rokita this week led a 15-state coalition in opposition to President Joe Biden’s attempt to overturn the previous administration ‘s remain-in-Mexico immigration policy. A federal appeals court has declined Biden’s request to stay the injunction against his revocation of the policy, just days after Rokita filed an amicus brief.
Opinions Aug. 19, 2021
Indiana Court of Appeals
Michael Bart Pritz v. State of Indiana (mem. dec.)
20A-CR-2367
Criminal. Affirms Michael Bart Pritz’s conviction of Class A misdemeanor domestic battery. Finds there was sufficient evidence to support the conviction.
Opinions Aug. 18, 2021
Indiana Court of Appeals
Rebecca J. Denman, M.D. v. St. Vincent Medical Group, Inc., St. Vincent Carmel Hospital, Inc.
20A-PL-1236
Civil plenary. Affirms the denial of a directed verdict to St. Vincent Medical Group and St. Vincent Carmel Hospital in a defamation case brought by Dr. Rebecca Denman, and the denial of Denman’s request to amend the judgment. Reverses the remitter of damages. Finds the Indiana Supreme Court’s emergency orders did not toll the accrual of post-judgment interest. Remands to recalculate the prejudgment interest award based on a $4.75 million verdict, which award shall accrue post-judgment interest beginning June 19, 2020. Also remands to recalculate post-judgment interest pursuant to statute.
COA rules in favor of Carmel doctor who sued hospital for defamation
A trial court will need to recalculate pre- and post-judgment interest in a case in which a doctor was awarded millions in damages after suing a Carmel hospital, the Indiana Court of Appeals has ruled.
Indiana Court Decisions – July 29-Aug. 11, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Wife loses appeal of divorce rulings at COA
The Indiana Court of Appeals has affirmed the resolution of a lower court, despite an ex-wife’s claims that the trial court made multiple errors, in a divorce case on Tuesday.
Opinions Aug. 17, 2021
Indiana Court of Appeals
Sandra Haggarty v. Thomas M. Haggarty
20A-DC-1877
Domestic relations with children. Affirms the resolution of contested issues in divorce proceedings between Sandra and Thomas Haggarty. Finds the evidence and findings support the Allen Circuit Court’s implementation of the agreement’s requirement for Thomas to maintain a joint checking account for ordinary living expenses. Also finds Sandra was not entitled to prejudgment interest because the court had to use its discretion to determine the contract damages. Finally, finds the trial court did not err when it found Sandra’s releases were unambiguous or when it ordered her to pay Thomas’ attorney fees for litigating her meritless assertion that the releases meant other than what they said. Judge Margret Robb concurs in part and dissents in part with separate opinion.
7th Circuit affirms former Goshen factory not posing danger to residents
The 7th Circuit Court of Appeals has affirmed a federal judge’s ruling that a former factory in Goshen is not posing any ongoing dangers to the health of residents in the area.
Divided 7th Circuit reverses order to remove sex offender names for ‘right to travel’ violation but remands equal-protection claim
A split en banc 7th Circuit Court of Appeals has reversed a decision from an original three-judge panel that ordered the removal of six names from the Indiana sex offender registry, finding that the state’s sex offender registration law doesn’t discriminate based on residency. However, the case was remanded for further consideration of an equal-protection claim.
COA says state can halt enhanced unemployment benefits
A decision issued Tuesday by the Indiana Court of Appeals is allowing the state to again stop the federally enhanced unemployment benefits which Gov. Eric Holcomb had tried to end in June, saying the extra money was hurting the Hoosier economy by encouraging workers to stay out of the job market.
Opinions Aug. 16, 2021
Indiana Court of Appeals
CouponCabin, LLC v. Michael Christofield (mem. dec.)
21A-SC-410
Small claims. Affirms the Lake Superior Court’s judgment for Michael Christofield against CouponCabin, LLC in the amount of $76.86 plus court costs. Finds the trial court did not reach a conclusion opposite of what the evidence in the case pointed to.
Opinions Aug. 13, 2021
Opinions Aug. 13, 2021
Indiana Court of Appeals
In re the Matter of the Adoption of Minor Children, C.M.L. and C.T.L., K.C. and F.M., Paternal Aunt and Uncle v. Indiana Department of Child Services
21A-AD-714
Adoption. Affirms the Madison Circuit Court’s denial of paternal aunt and uncle K.C. and F.M’s motion requesting relief from judgment pursuant to Indiana Trial Rule 60(B). Finds the trial court did not abuse its discretion by denying the motion.
Opinions Aug. 12, 2021
The following 7th Circuit Court of Appeals opinion was posted after IL Deadline on Wednesday:
Reid Hospital and Health Care Services, Inc. v. Conifer Revenue Cycle Solutions, LLC
20-1735
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge James Patrick Hanlon.
Civil. Reserves grant of summary judgment to Conifer Revenue Cycle Solutions. Finds Conifer’s arguments are in conflict with the tailored language of the contract with Reid Hospital, which includes a glossary of 66 contract-specific terms. Rules the contract does not define all lost revenue as indirect or consequential so Reid Hospital can seek to recover damages. Holds whatever the parties meant by “willful misconduct,” a jury could find that at least some of Conifer’s assumed breaches amounted to willful misconduct.
Opinions Aug. 11, 2021
Indiana Court of Appeals
Adam Craig Thomas v. Amy Thomas (mem. dec.)
20A-DR-900
Domestic relations. Affirms and reverses in part the Allen Superior Court’s decree of dissolution for Adam and Amy Thomas. Finds the trial court did not err in awarding Amy sole legal custody. Also finds the trial court did not err in the division of marital property, except for considering Adam’s Dupont distributions as both income for purposes of determining his child support payments as set forth in its provisional order and later property for purposes of dividing the marital estate, and remands for reconsideration of distributions from Lithotripsy of Northern Indiana LLC. Finally, finds the trial court abused its discretion by allowing Amy to offset the entirety of the au pair costs but otherwise did not err in its rulings on child support. Remands for the trial court to reconsider the costs related only to child care while Amy works.
Health and Hospital Corp. seeks rehearing for 7th Circuit’s ruling allowing family to sue nursing home
The Health and Hospital Corporation of Marion County is asking the 7th Circuit Court of Appeals to reexamine its recent ruling on the Federal Nursing Home Reform Act of 1987, saying the opinion conflicts with the court’s previous decision on the federal statute and “federalize(s) a large swath of state medical malpractice law.”
Opinions Aug. 10, 2021
7th Circuit Court of Appeals
Beverly Zylstra and Bernard Zylstra v. DRV, LLC
20-1949
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Senior Judge William C. Lee.
Civil. Affirms the Indiana Northern District Court’s grant of summary judgment to DRV, LLC against Bernard and Beverly Zylstra on their suit claiming breach of express and implied warranties under state law, violation of the federal Magnuson-Moss Act and violation of state deceptive practices acts. Finds even in the light most favorable to the Zylstras, DRV never had a reasonable opportunity to repair the defects to their RV as required under the warranty. Therefore, the Zylstras’ claims cannot survive.
7th Circuit upholds ruling for manufacturer in repair dispute over soiled RV
A retired couple who did not give the manufacturer of an issue-ridden recreational vehicle a sufficient opportunity to repair a leaking sewage tank cannot succeed in its case against the manufacturer, the 7th Circuit Court of Appeals has ruled.