Indiana Court Decisions — Sept. 13-26, 2018
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Court of Appeals
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COA reverses default ruling against race horse veterinarian
The Indiana Court of Appeals reversed a decision that found a Hoosier racehorse veterinarian in default without a hearing in a disciplinary action against him by Indiana Horse Racing Commission.
COA affirms denial of summary judgment to dump truck manufacturer in timeliness dispute
A divided Indiana Court of Appeals affirmed the denial of summary judgment to a dump truck manufacturer who unsuccessfully argued that its customer filed an untimely complaint against the manufacturer and that genuine issues of material fact existed when causes of action accrued.
COA orders equal division of ex’s retirement interest
The Dearborn Circuit Court erred when it awarded the entirety of a nearly $207,000 retirement account to a husband as part of divorce proceedings, the Indiana Court of Appeals ruled in a decision that remanded the case for equal distribution of the interest on the account.
Appellate court: Search warrant for house, garage included car
Drug evidence found in a vehicle in the garage of a home where police were looking for evidence of a prior assault should not have been suppressed, the Indiana Court of Appeals ruled in a reversal Friday.
COA upholds $78 million for state in IBM suit, awards IBM interest
The Indiana Court of Appeals has upheld a $78 million judgment in favor of the state and against IBM Corp. that was awarded as part of a long-running legal battle stemming from IBM’s breach of a contract to redesign the state’s welfare system in 2006. But the court also ordered the state to pay post-judgment interest to IBM on a $49.5 million damages award it previously received, overturning a lower court ruling on that issue.
Gun in fallen pants pocket after police confrontation admissible
A man whose 9-mm handgun was discovered after his loose-fitting pants fell while in custody after a police confrontation lost Friday his appeal in which he claimed the evidence should have been suppressed.
Foreclosure, judgment for Kokomo property owners reversed
An Indiana trial court must recalculate the amount of damages that must be paid by a couple who defaulted on a real estate contract after an appellate panel determined the trial court erred in allowing for both a forfeiture and foreclosure remedy for the default.
DCS agrees reversal required in CHINS case over pot
The Indiana Court of Appeals reversed a child in need of services determination based on the Department of Child Services’ agreement that reversal was required because there was insufficient evidence to prove a mother’s marijuana use ever harmed her minor child.
Appeals court reverses ruling for purchasers in rent-to-buy home case
Would-be homebuyers who won a fraud decision against a company that sells “rent-to-buy” fixer homes after they were evicted lost at the Indiana Court of Appeals on Thursday. An appellate panel reversed a ruling against Indianapolis-based Rainbow Realty, ordering Marion Superior Court to rule in its favor instead.
COA: Parental privilege claims fail in spanking case
The Indiana Court of Appeals affirmed a father’s battery conviction after finding he used an unreasonable amount of force when disciplining his 6-year-old child for speaking out of turn in her first-grade class.
Pension plan wins appeal in suit challenging bifurcated divorce
A long-running pension dispute involving a woman whose husband died during the pendency of a bifurcated divorce hearing is headed back to the trial court after the Indiana Court of Appeals found multiple issues with the lower court’s rulings.
COA to host Tavitas robing ceremony next week
Newest Indiana Court of Appeals Judge Elizabeth F. Tavitas will be ceremonially sworn into office next week when the court hosts a public robing ceremony.
Public Defender Commission announces legislative priorities
The Indiana Public Defender Commission has announced plans to begin a legislative effort intended to stir statewide public defense reform, a decision that comes on the heels of a task force report that highlighted shortcomings in the Hoosier indigent defense system.
Three magistrate finalists named for Lake County judgeship
Republican Gov. Eric Holcomb will select one of three magistrate judges to fill the vacancy on the Lake Superior Court created when Judge Elizabeth Tavitas was appointed to the Indiana Court of Appeals this summer. The Lake County Judicial Nominating Commission late Tuesday named magistrate judges Lisa A. Berdine, Thomas P. Hallett and Nanette K. Raduenz as finalists to succeed Tavitas in Lake Superior Court 3, family division.
Justices amend appellate, small claims rules
The Indiana Supreme Court has issued several orders amending rules of the court. Among them is a change that requires any appellate party to seek court permission to amend a filed appendix, and allows trusts and trustees to represent claims of less than $1,500 without counsel in small claims cases.
Termination of ex’s house payment obligation reversed
The Indiana Court of Appeals reversed a decision that found an “ambiguous” dissolution settlement agreement made no indication as to the father’s child support obligations and that his payments for a mortgage and car would supplement them.
Reversal voids sale of properties by unauthorized agent
The Indiana Court of Appeals reversed a decision granting summary judgment in favor of two companies who purchased real estate in a sale that was voided after the seller was found to have no authority to sell it.
Juvenile’s placement in DOC for firing gun affirmed
A troubled Elkhart County juvenile who was adjudicated delinquent after firing a handgun failed to convince the Indiana Court of Appeals that he was wrongly committed to the Department of Correction.
Lawsuits charge Rainbow Realty’s rent-to-buy contracts target the most vulnerable
A case before the Indiana Court of Appeals is at least the third pending suit involving Rainbow Realty and its rent-to-buy program. The Indiana Attorney General filed a complaint in Marion Superior Court in January 2013, and the Fair Housing Center of Central Indiana filed a class action in the U.S. District Court for the Southern District of Indiana in May 2017.