Indiana court has jurisdiction over Michigan man who didn’t pay for seed
Over a Michigan man’s objections, the Indiana Court of Appeals affirmed that a feed and farm supply store in northern Indiana can sue him for an unpaid bill in Indiana.
Indiana Court of Appeals
Articles
COA affirms turnover of tax sale surplus funds
A man who loaned money nearly 10 years ago to a company in exchange for a mortgage security interest in some real estate is entitled to the surplus funds from a tax sale involving that land, the Indiana Court of Appeals held Tuesday.
Worker barred by noncompete challenges Commercial Court constitutionality
One of the first Indiana Commercial Court cases argued on appeal opened with a hearing-day motion filed Monday in the Indiana Court of Appeals challenging the constitutionality of the state’s year-old pilot docket.
COA finds for bank in construction lien litigation
The Indiana Court of Appeals has ruled in favor of a bank in a legal battle over which lien in a construction project should take priority, with the court determining the bank’s lien was superior to a mechanic’s lien because the bank’s mortgage on the project secured its loan of funds to the construction project.
First impression: Denial of coverage is uninsured vehicle
Ruling on an issue of first impression, the Indiana Court of Appeals has held that a vehicle that is insured but is denied coverage after an accident is considered uninsured under Indiana statute.
Reversal: Women may sue Evansville, Fort Wayne over police sex assaults
Two women who were sexually assaulted in separate cases by on-duty police in Evansville and Fort Wayne prevailed on appeal in their civil lawsuits against the cities Friday after trial courts had ruled in favor of the municipalities.
Widow wrongly denied hearing challenging late spouse’s will
A long-married Terre Haute woman who received just a small portion from her husband’s will when he died was wrongly denied her day in court, the Indiana Court of Appeals ruled Wednesday.
First impression: Court may consider facilitated communication
The Indiana Court of Appeals in an issue of first impression Wednesday affirmed a trial court ruling that allowed a disabled minor to testify in a civil trial using facilitated communication.
Woman who started fight outside bar responsible for victim’s medical bills
A Chicago woman who got kicked out of a bar and instigated a confrontation with a bouncer must pay for the medical bills the man sustained as a result of being attacked by her friends, the Indiana Court of Appeals ruled Tuesday.
Summary judgment affirmed for machine rental company in negligence case
A machine rental company did not owe a duty to train or offer to train a man who later died while using the boom lift on how to use the equipment and, thus, was entitled to summary judgment on a negligence claim brought by his estate, the Indiana Court of Appeals has ruled.
COA: Habitual substance offender enhancement illegal on non-substance-related conviction
A man convicted of attempted residential entry will get a new sentence after the Indiana Court of Appeals determined the trial court erroneously imposed a habitual substance offender enhancement on a non-substance-related conviction.
COA affirms judgment for defense in annuity fraud suit
A woman who claimed sellers of annuities she purchased over the years committed fraud in misrepresenting fees associated with surrendering the investments lost her appeal of judgment in favor of the defense.
COA to hear arguments in Fort Wayne next week
The Indiana Court of Appeals is taking oral arguments on the road next week to hear a case in Allen County.
COA affirms 20-year sentence for man convicted of firearm, drug felonies
The Indiana Court of Appeals has affirmed a 20-year sentence imposed on a man convicted of illegally possessing a firearm and driving children in car while under the influence of various drugs, finding the trial court did not abuse its discretion in considering aggravators and that the sentence is not inappropriate.
Delinquent findings against twins affirmed under ‘new-crime’ rule
Two teenage brothers who each attacked police officers trying to conduct pat-down searches were properly found to be delinquent for their acts under the new-crime exception to the exclusionary rule, the Indiana Court of Appeals ruled Friday.
COA remands landlord-tenant dispute due to ‘informal’ proceedings
After concluding an Indiana trial court conducted a small claims landlord-tenant dispute too informally without considering testimony or evidence, the Indiana Court of Appeals has remanded the case for a “proper” evidentiary hearing.
Appellate court vacates battery conviction on double jeopardy grounds
Although a man’s battery of his ex-wife resulted in injury to two different people, the Indiana Court of Appeals has vacated one of the man’s battery convictions on double jeopardy grounds.
COA considers whether ban on sex offenders attending church violates RFRA
Three Boone County men convicted of serious sex offenses are looking to the Indiana Court of Appeals to determine if they can return to their churches as the court considers whether a ruling that the men cannot attend church when children’s programming is in session violates their rights under the Religious Freedom Restoration Act.
COA: Officer’s stop of car for expired plate ‘reasonable’
An Indianapolis police officer who initiated a traffic stop that led to the arrest of a passenger in the stopped vehicle did not violate the man’s constitutional rights, the Indiana Court of Appeals ruled Thursday, because the officer reasonably believed the vehicle had an expired license plate and registration.
COA reverses summary judgment for aviation company
The Indiana Court of Appeals has reversed summary judgment for a Porter County aviation company after finding issues of fact exist as to whether the company breached its duty of care to a woman injured on its property.