Articles

COA orders landowner to comply with local ordinances

In the third appellate iteration of a case stemming from violations of Indianapolis environmental ordinances, the Indiana Court of Appeals has found a property owner allowed its tenant to violate the ordinances and ordered the owner to bring the property into compliance.

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COA to hear oral arguments in Bloomington this week

The Indiana Court of Appeals is headed to Bloomington this week to hear oral arguments in a case involving a question of duty of care to a construction worker injured while working on an Indiana University construction project.

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COA to hear legal malpractice appeal

A woman who lost her legal malpractice case against a law firm she said failed to timely bring negligence and wrongful death claims against the St. Joseph County Prosecutor’s office will have her day before the Indiana Court of Appeals next week.

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Appeals court affirms denial of workers’ comp benefits

A divided Indiana Court of Appeals has affirmed the Indiana Worker’s Compensation Board’s decision to deny workers’ compensation benefits to a man after determining that his medical problems were not related to an on-the-job injury in 2010.

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COA rejects self-defense claim against battery charge

A man who punched a racer at a southern Indiana racing track cannot claim self-defense to rebut his battery charge because the facts show that the man was the initial aggressor against the racer, the Indiana Court of Appeals held Friday.

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COA recommends judge’s recusal in remand of motion to contest adoption

In a 41-page opinion handed down Thursday, the Indiana Court of Appeals reversed the dismissal of a putative father’s motion to contest adoption, finding that the adoptive parents had caused delays in the court proceedings and also noting that the judge in the case should have recused himself to avoid the appearance of impropriety.

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COA affirms summary judgment to parents in family land dispute

After a yearslong dispute between northern Indiana parents and their daughter and son-in-law, the Indiana Court of Appeals has affirmed the grant of partial summary judgment to the parents, finding that a real estate contract between the two couples was unenforceable.

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COA affirms closing of unsupervised estate

In a dispute between two northern Indiana sisters, the Indiana Court of Appeals has affirmed the trial court’s decision to close the unsupervised estate of the sisters’ father, finding that the trial court did not apply the wrong legal or statutory standards when closing the estate.

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OWI charge vacated on double jeopardy concerns

A divided Indiana Court of Appeals has reversed one count of operating while intoxicated against a Columbus man, finding that merging the two counts together for sentencing purposes does not satisfy double jeopardy concerns.

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COA reverses protective order on basis of res judicata

In a case that Indiana Court of Appeals Judge Rudolph Pyle described as a “prime example of forum shopping,” the appellate court has reversed the grant of a petitioner’s third petition for a protective order because the petition is barred by the doctrine of res judicata.

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