COA reverses summary judgment in moldy building dispute
A negligence and breach complaint related to a mold-infested building can continue after the Court of Appeals of Indiana reversed the entry of summary judgment.
Indiana Court of Appeals
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COA reverses, rules mother’s petition was sufficient to raise SIJ status for child
A mother’s motion to amend language in her paternity judgment to conform with her child’s federal immigration petition requirement should have been granted, the Court of Appeals of Indiana ruled Wednesday.
IN Supreme Court dismisses appeal in property dispute involving Norfolk Southern
A trial court’s order in a property dispute between a North Judson man and a railroad company did not meet the criteria of a final judgment, the Indiana Supreme Court ruled in dismissing the man’s appeal.
Denial of motion to compel cellphone evidence wasn’t error, COA affirms
A trial court did not err in denying a pedestrian’s motion to compel cellphone evidence in his suit against the woman who struck him with her car, the Court of Appeals of Indiana affirmed Tuesday.
Evidence sufficient to sustain battery conviction after parking lot brawl, COA affirms
A man convicted of felony battery never made a request of production for a media player that played surveillance footage of his attack, the Court of Appeals of Indiana ruled Monday in affirming the man’s underlying conviction.
In 3rd appeal, COA again rules against couple operating shooting range without a permit
Returning to the Court of Appeals of Indiana for the third time, a couple operating a shooting range on their property without the proper permitting failed to find relief from an order in favor of the local planning commission.
COA focuses on compelling interest, exceptions to abortion ban in arguments on RFRA injunction
The fate of an injunction against Indiana’s near-total abortion ban on religious freedom grounds is now in the hands of the Court of Appeals of Indiana, which heard arguments in the case on Wednesday.
Indiana Court Decisions: Nov. 15-29, 2023
Read Indiana appellate court decisions from the most recent reporting period.
Landlord showed ‘procedural bad faith’ in appeal, COA rules in remanding for award of attorney fees
A landlord’s appeal of a small claims judgment against him was “permeated with procedural bad faith,” the Court of Appeals of Indiana ruled Monday in affirming the lower court’s decision.
Oral arguments in RFRA challenge to abortion ban set for Wednesday
The Court of Appeals of Indiana is set to hear oral arguments next week in a two-part challenge to Indiana’s near-total abortion ban under the state’s Religious Freedom Restoration Act.
Modified custody, parenting time order in mother’s favor upheld at COA
The grant of sole legal custody of a child to the mother and an order for the father’s parenting time to be supervised were not erroneous, the Court of Appeals of Indiana ruled Wednesday.
Appellate court rejects evidentiary challenges to firearm, drug convictions
The Court of Appeals of Indiana declined to reverse a man’s firearm-related convictions, determining that his challenges to the admission of evidence failed.
Factual issues need resolution in Hamilton County billboard dispute, COA rules in reversal
A factfinding hearing must be held regarding the state’s removal of a billboard sign along U.S. 31 before a trial court can decide if a taking occurred or enter an order of appropriation, the Court of Appeals of Indiana ruled Wednesday.
Bar fight wasn’t foreseeable, COA rules in reversal
A Muncie bar fight was not foreseeable, the Court of Appeals of Indiana has ruled in reversing the denial of summary judgment to the bar’s current and former owner.
COA affirms denial of juvenile’s motion for relief from child molesting adjudications
A trial court properly denied a juvenile’s motion for relief from judgment on two delinquencies adjudications that he admitted to, the Court of Appeals of Indiana has affirmed.
Denial of bond reduction not eligible for belated appeal under PCR 2, COA rules in dismissal
A man challenging the denial of his bond reduction motion cannot pursue a belated appeal under Post-Conviction Rule 2, the Court of Appeals of Indiana ruled Wednesday, finding no “extraordinarily compelling reasons” to reinstate his forfeited appeal.
Reversal: Mother’s previous abandonment of children doesn’t rebut parental presumption in grandparent custody case
A mother’s abandonment of her children five years ago does not mean the children’s grandparents should get custody, a split Court of Appeals of Indiana has ruled.
Damages based on traffic flow were too high in I-69 takings case, COA rules
Indiana Supreme Court precedent holding that damages associated with traffic flow variations are not compensable is controlling in a case where the state seized a parcel of land in Johnson County for the I-69 project, the Court of Appeals of Indiana ruled.
COA dismisses provider’s appeal of ruling in med-mal case, finding ruling wasn’t a final judgment
A provider cannot yet appeal a ruling in a medical malpractice complaint against him because the ruling at issue was not a final judgment, the Court of Appeals of Indiana ruled in a Tuesday dismissal.
IN justices grant transfer in Decatur County meth possession case
Indiana Supreme Court justices have agreed to consider a case in which a Decatur County man is challenging his conviction and habitual offender enhancement for felony possession of methamphetamine.