COA: trial court skipped step in land dispute
In defusing a property battle among neighbors, the Indiana Court of Appeals has instructed the trial court to order a land survey that includes durable markers.
Indiana Court of Appeals
Articles
COA reaffirms decision to allow developer to purchase Henry County land
A land redevelopment company can continue to move forward with its purchase of land in Henry County after the Indiana Court of Appeals Thursday reaffirmed its original decision.
COA rejects town’s request to annex territory for possible property development
The Indiana Court of Appeals has ruled against a northern Indiana lakefront town seeking to annex roughly 2,800 acres for “potential” economic development, finding the town failed to prove the annexation was needed and could be used for development.
COA: Bank that sold property to itself entitled to summary judgment
A northern Indiana bank that took deed of a property in lieu of foreclosure and sold the property to itself was entitled to summary judgment on the owner’s claims of fraud and breach of agreement, the Indiana Court of Appeals ruled Wednesday after finding those claims were “wholly without merit.”
Divided COA allows fraud claim against bank to proceed
A man whose inheritance from his deceased mother was depleted by more than $60,000 while a bank and his relatives were guardians of his family’s estates can continue in his lawsuit against the bank, the Indiana Court of Appeals ruled Tuesday.
Summary judgment to railroad company on citations complaint reversed
A Virginia-based rail company must face the state of Indiana in court in a conflict over whether state-issued citations for blocking grade crossings were proper after the Indiana Court of Appeals determined Tuesday that federal law does not preempt state law governing how long a train can block a crossing.
COA affirms $813,000 award in Clark County water dispute
A judgment in favor of a utility that had an agreement to supply water to another utility serving customers in Clark County was affirmed Tuesday by the Indiana Court of Appeals.
COA dismisses appeal of summary judgment to law firm on legal malpractice claim
After finding an order granting summary judgment to an Indianapolis law firm facing a legal malpractice claim was not a final order, the Indiana Court of Appeals dismissed an appeal challenging the summary judgment ruling.
2 of man’s convictions after botched robbery reduced due to double jeopardy violations
A man convicted on eight charges related to an attempted robbery will have his sentencing enhancement vacated and two of his convictions reduced after the Indiana Court of Appeals found multiple errors in the trial court’s handling of the case.
COA sends securities fraud claim to trial
A claim of securities fraud against an Indiana health company must proceed to trial after the Indiana Court of Appeals determined the trial court erred by striking a request for a jury trial without the consent of both parties.
Election against ex-husband’s will barred due to unresolved marriage status
The purported ex-wife of a now-deceased man cannot proceed with her election against the man’s will because the couple failed to resolve the issue of the legal status of their marriage for more than 40 years, thus barring her claim under the doctrine of laches, the Indiana Court of Appeals has ruled.
Juvenile court must reconsider modification petition for teen without counsel
A Kosciusko County teen who was made a ward of the Department of Correction will get another day in court after the Indiana Court of Appeals determined the teen did not waive his right to counsel at the hearing where he was made a ward.
COA affirms termination of parental rights, declines request to interpret phrase in statute
The Indiana Court of Appeals has affirmed the termination of a father’s parental rights, even though the fact-finding hearing was held outside the statutory time frame. The judges also declined to interpret whether the applicable statute contains directory or mandatory language.
Sentence affirmed for man who killed exchange students in drunk driving crash
A man convicted of killing three foreign exchange students in a violent car crash while driving drunk won't have his 38 ½-year sentence after the Indiana Court of Appeals determined he failed to prove his sentence was inappropriate.
Judges affirm intimidation conviction against man who threatened neighbor
The state presented sufficient evidence to prove a Cass County man intimidated his neighbor by engaging in a true threat against his neighbor and intending to place his neighbor in fear of retaliation, the Indiana Court of Appeals has ruled.
COA reverses CHINS finding for lack of evidence
An Allen County child will no longer be considered in need of services after the Indiana Court of Appeals determined Friday the Department of Child Services failed to provide sufficient evidence to support a CHINS finding.
COA reverses order making ex-spouses co-owners of college savings account
An Indiana trial court erred when it ordered two divorced parents to become co-owners of the ex-husband’s 529 savings account in post-dissolution proceedings, finding the account was the man’s property, so the trial court lacked authority to make his ex-wife a co-owner.
Judges reverse resisting law enforcement conviction, citing insufficient evidence
A Fort Wayne woman’s conviction for misdemeanor resisting law enforcement was overturned Thursday by the Indiana Court of Appeals after the judges determined the state didn’t prove she fled from the police officers.
COA upholds Hamilton County utility rate increase
The Indiana Court of Appeals ruled in favor of a Hamilton County public utility seeking to have affiliate expenses included in its sewer utility rate calculation.