Reversal: Lender can assert claim for missed promissory note payments
The Indiana Supreme Court on Monday reversed the dismissal of a complaint brought for missed payments on a promissory note, finding the lender’s claim is timely.
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Justices affirm trial court in mortgage acceleration clause case
The Indiana Supreme Court has affirmed a trial court’s order that foreclosed a couple’s interest in two mortgaged properties, concluding that the lender filed suit against the borrowers within the applicable statutes of limitations.
COA reverses for state against ex-Crawford County payroll clerk
A panel of appellate judges has reversed and remanded the grant of a former Crawford County employee’s untimely motion for extension in a lawsuit alleging that she failed to withhold employee insurance contributions from her own paycheck.
Divided COA reinstates complaint against IMPD employee
A divided Indiana Court of Appeals has permitted a man to prosecute his complaint against an Indianapolis Metropolitan Police Department employee who crashed into his vehicle. The appellate majority concluded the extreme remedy of dismissal for failure to prosecute was not warranted in the case.
Fort Wayne gets future fire tax revenues for annexed area, divided COA rules
The city of Fort Wayne is entitled to tax revenues for providing fire protection services to annexed land in Allen County, but past revenues will stay with the original fire protection district that served the area before the annexation, the Indiana Court of Appeals ruled Friday. A dissenting judge, however, questioned whether the case should have proceeded in the Indiana Tax Court instead.
Appeals court upholds molester’s conviction, sentence
A child molester obtained no relief Friday in his appeal that challenged everything from the seating of jurors to the nine-year executed sentence imposed on him after he was convicted of sex crimes against an 8-year-old girl.
7th Circuit partly reinstates late worker’s wrongful termination case
A trailer factory worker’s lawsuit against the employer who fired him after he sustained a broken rib was partially reinstated by the 7th Circuit Court of Appeals, which found there may be evidence the company interfered with his rights under the Family and Medical Leave Act.
Split COA: Drug evidence from traffic stop wrongly admitted
The majority of a divided Indiana Court of Appeals panel has reversed the admission of drug evidence obtained from a pat-down search after a traffic stop, finding officers lacked a reasonable belief that the driver was armed and dangerous.
7th Circuit reinstates habeas case for inquiry about man’s brain injury
Questions about whether a man’s brain injury caused his delay in seeking review in his case should be determined by the Southern District Court, and if so, whether the circumstances collectively justify the use of equitable tolling, the 7th Circuit Court of Appeals ruled Wednesday.
Virginia woman accused of abducting 4 kids found in Plainfield
A Virginia woman accused of abducting her four children and leading authorities on a nationwide chase for several months was taken into custody Wednesday morning in Plainfield, authorities said.
Reversal: Tax liability can’t exceed 1% of property’s gross assessed value
The Indiana Tax Court has reversed an Indiana Board of Tax Review’s final determination, answering the dispositive issue of whether an assessor should have capped a homeowner’s 2013 property tax liability at 1% instead of 2% of her property’s gross assessed value.
Reversal: COA reinstates woman’s bad-faith suit against Allstate
A woman’s bad-faith claim against her friend’s insurance company has been reinstated by the Indiana Court of Appeals, which determined that the trial court erred in concluding that an insurer does not owe a duty of good faith and fair dealing to an insured who is not the policyholder.
Robber’s ban from Marion County Family Dollar stores upheld
A man ordered to stay away from all Family Dollar stores in Marion County after his robbery conviction could not convince the Indiana Court of Appeals that his probation order was overly broad.
Reversal: Relief granted for ineffective assistance of counsel in rape case
A man sentenced to 145 years after he was convicted of sexually assaulting his fiancé has been granted post-conviction relief on appeal. The Indiana Court of Appeals concluded the man was entitled to relief based on his appellate counsel’s ineffectiveness.
COA reinstates case seeking child support from non-biological father
The Indiana Court of Appeals has reinstated a petition to establish child support from a man who is not the biological father of the child. The panel concluded that time had run out for the man, who signed a paternity affidavit without reading it and waited years before taking judicial action.
COA affirms $17K forfeiture from man in mobile shootout case
A panel of appellate judges has affirmed the forfeiture of roughly $17,000 in cash seized from a man after his involvement in a mobile shootout in Indianapolis. The panel concluded there was a nexus between the money and qualifying criminal activity.
After 2 US Supreme Court wins, Florida man gets $875K from city
Few people have fought any city hall all the way to the U.S. Supreme Court and won, but Fane Lozman did it twice. Now the Florida city he’s battled since 2006 is going to pay him thousands of dollars in legal fees.
COA reverses for Duke Energy, orders easement improvements removed
A massive utility company has secured a reversal and judgment from the Indiana Court of Appeals following an easement-related dispute with a neighborhood developer. The result means a southern Indiana developer must remove the entrance to residential development under construction.
Justices agree to hear arguments in child molestation case
The Indiana Supreme Court denied transfer in 21 cases last week but agreed to hear a motion for discharge argument in a molestation case.
Bankruptcy filings increase nationally, locally
Bankruptcies filings increased slightly in the year ending Dec. 31, 2019, continuing an uphill trend of such filings after nearly a decade of annual decline, the federal courts reported.