COA: Juvenile court has no jurisdiction to modify custody agreement
The Indiana Court of Appeals ruled a juvenile court does not have jurisdiction to modify a paternity court’s custody order and sent the case back to the lower court.
Indiana Court of Appeals
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COA majority: Mayor has power to terminate utility superintendent
The Indiana Court of Appeals reversed summary judgment in a split decision Wednesday for former city of Lawrence Utilities Board Superintendent Carlton Curry, finding the newly elected mayor had authority to terminate Curry’s employment and therefore Curry can't prevail on a wrongful discharge claim.
COA affirms $147,000 judgment against smelter manufacturer
The Indiana Court of Appeals affirmed a $147,000 judgment against a manufacturer of lead smelters, finding the trial court did not abuse its discretion when it entered default judgment against the company when it did not respond properly to a complaint.
Court of Appeals names 7 CLEO interns
Seven students from three Indiana law schools have been named 2016 Carr L. Darden Conference for Legal Education Opportunity program interns.
COA: Mother justified in deciding not to work as doctor
In a child support case in which a man challenged the decision by his son’s mother to quit her job as a doctor to stay at home with her children, the Indiana Court of Appeals found she had just cause to do so based on the sons’ special needs.
Suspended attorney’s UPL convictions upheld
The Indiana Court of Appeals affirmed a suspended Elkhart attorney’s convictions of practicing law by a non-attorney after ruling there is sufficient evidence he continued to provide legal work after he was disciplined by the Indiana Supreme Court two years ago.
Division of judgment in failed care facility financing affirmed
A former Indiana lawmaker and his business partners must pay a pro rata share of a deficiency judgment over defaulted financing for a rehabilitation care facility in Liberty, Indiana, the Court of Appeals affirmed Tuesday.
Although unlicensed in county, contractor still owed for work
The Indiana Court of Appeals ruled a contractor violated the Home Improvement Contracts Act when he misled a family into thinking he was locally licensed and voided the contract between the two. However, the court said he should still be paid for the work he did because the family would be unjustly enriched if he was not paid.
Contract’s ambiguities win homeowners a reversal
Owners of a shabbily built house will get another chance to hold their architects accountable for the construction headaches after the Indiana Court of Appeals found there are questions of material fact that should be considered.
COA affirms child care worker’s convictions of sex with minors
A Putnam County man convicted of multiple counts of sex with minors under his care failed to convince the Indiana Court of Appeals that evidence against him was improperly admitted in his bench trial.
Stepfather who proved paternity can’t deprive ex of joint custody
A man who fathered a child while the mother was married to another man lost his appeal Tuesday that sought relief from a court order concerning the child's custody.
COA questions evidence in Patel feticide conviction
The Indiana Court of Appeals recently heard arguments in a case that could impact any pregnant woman whose actions result in the death of her unborn child.
Indiana Supreme Court deadlocks on protective order case
The Indiana Supreme Court reinstated an Indiana Court of Appeals decision in a protection order case it took on transfer after the four justices deadlocked on how to resolve the case.
COA upholds adoption venue transfer
The Indiana Court of Appeals upheld transfer of an adoption petition from Greene to Monroe County Circuit Court, ruling Monroe was the preferred venue because of other cases related to the petition that also were happening there.
COA: Man did not have expectation of privacy after he was tracked by GPS
Tracking of man by GPS did not violate his Fourth Amendment or Indiana constitutional rights, the Court of Appeals ruled, because he did not have a reasonable expectation of privacy. The appellate court upheld Joseph Sidener's Class C felony burglary conviction and the finding he is an habitual offender.
COA rules DCS has duty to protect caller’s identity
The Indiana Court of Appeals ruled in a 2-1 decision the Indiana Department of Child Services had a duty to protect a man’s identity after he called the DCS hotline and reported his neighbors’ children as children in need of services.
COA: Gun evidence lawfully obtained
In its third Fourth Amendment case in two weeks, the Indiana Court of Appeals ruled evidence obtained during a stop of a man who was loitering around an apartment complex and then left suspiciously was lawfully seized. The judges affirmed the trial court’s denial of his motion to suppress on interlocutory appeal.
Divided COA rules karate kick is an issue of material fact
The Indiana Court of Appeals ruled 2-1 that a man’s kick in karate class, which injured a woman, constituted an issue of material fact and reversed summary judgment in his favor.
Property manager not liable in drunken driving crash, COA holds
The Indiana Court of Appeals ruled the property management company of a Camby bar has no duty of care to a woman who was seriously injured in a car accident in which she and the driver were intoxicated.
Court of Appeals hears woman’s appeal of feticide conviction
Indiana appeals court judges grilled an attorney for the state Monday over whether there was evidence a woman found guilty of neglect and feticide in a self-induced abortion knew she had given birth to a live child.