Sued company should get attorney fees, COA rules
The Indiana Court of Appeals ruled a company that dropped a lawsuit against another for breach of warranty must still pay attorney fees of the company they sued.
Indiana Court of Appeals
Articles
COA majority: Conditional language is still a threat
The Indiana Court of Appeals affirmed a man’s conviction for Class A misdemeanor intimidation in a 2-1 decision after it found the conditional language he used in the threat placed his victim in danger of retaliation for a lawful act.
COA: Man’s habeas petition should be dismissed
The Indiana Court of Appeals remanded a man’s petition for habeas corpus and ordered the trial court to dismiss his claims after the judges said he improperly filed his petition without permission from the court.
COA: Minor lacks standing in suit against health department
The Indiana Court of Appeals found a minor was not in danger of sustaining injury from storage of her dried blood spot by the Indiana Department of Health and therefore lacked standing to bring a lawsuit, affirming the judgment of the Marion Superior Court.
COA: Man entitled to full length of disability benefits
The Indiana Court of Appeals reversed a workers’ compensation board decision and found a man was entitled to the full amount of temporary total disability he requested. His employer did not provide him notice about what would happen if he refused the sedentary job he was offered and the judges held he did not waive the issue.
COA: Decision will not have ‘unintended consequences’
The Indiana Court of Appeals said a decision in a case that allows prisoners in an offender work program to enforce the statutory wage requirement would not have “unintended consequences” and reaffirmed its decision on rehearing.
COA: Marijuana evidence obtained during illegal search
The Indiana Court of Appeals reversed a man’s conviction of possession of marijuana with intent to deliver in an amount greater than 10 pounds after it found the trial court abused its discretion by admitting evidence that violated his Fourth Amendment rights to unreasonable searches and seizures.
COA: Man entitled to refund after property reclaimed
The Indiana Court of Appeals reversed a Vanderburgh Superior trial court Friday, ruling a man can claim a refund after the property he bought at a tax sale was reclaimed by the owner due to a clerical error.
COA: Fees can be charged in case without indigency hearing
The Indiana Court of Appeals said an indigency hearing is not required before determining fees in a court case, though it should be conducted at some point, in a case where a man was charged more than $1,000 in court fees without a hearing. It also said the court cannot impose requirements that he maintain a “C” average in his school and have full-time employment.
COA: Venue convenience does not trump precedence
The Indiana Court of Appeals said convenience does not trump precedence and reversed and remanded a transfer of venue that would have taken an auto insurance complaint from Marion to Johnson County.
E-filing pleadings to be mandatory July 1
After deciding last week all appellate pleadings and motions would be available online at mycase.in.gov within the next 60 days, the Indiana Supreme Court announced Tuesday electronic filing of all pleadings to pending cases will become mandatory for all attorneys in Indiana appellate courts as well as Hamilton County Circuit and Superior Courts July 1.
COA: Commissions do not qualify as wages under Wage Payment Statute
The Indiana Court of Appeals found commissions paid to a woman who was working as a salesperson at a furniture store did not qualify as wages, and therefore granted summary judgment to the store. The woman claimed her commission payments were not paid within the 10-day limit required under the Indiana Wage Payment Statute.
Appellate pleadings, motions to be put online sometime in next 60 days
The Indiana Supreme Court task force created to look into remote access and privacy of electronic records has decided appellate pleadings and motions filed by attorneys will be put online at mycase.in.gov sometime within the next 60 days
COA: Statute of limitations prevents business partner’s lawsuit
The Indiana Court of Appeals upheld summary judgment for a man who left one business partnership and started another and was later sued, ruling the statute of limitations on the disgruntled partner’s lawsuit had expired on both of his claims.
COA: Agreed judgment not appealable
The Indiana Court of Appeals said an agreed judgment is not appealable and reversed a Marion Superior Court decision that ruled in favor of a woman who prolonged judgment in the court so she wouldn’t have to pay $850 in medical bills and fees.
COA: Man can keep $25,000 deposit
A man can keep the $25,000 deposit paid to him after a real estate sale did not through, the Indiana Court of Appeals ruled Wednesday. The contract the parties entered into was enforceable and did not specify financing as part of the sale.
COA: Woman’s motion in divorce case can stand
The Indiana Court of Appeals ruled a woman seek to modify a divorce agreement after she found her husband hid more than $1 million in undisclosed assets five years later.
COA dismisses improperly filed preliminary injunction motion
The Indiana Court of Appeals dismissed a motion for preliminary injunction against the state’s Medicaid Fraud Control Unit filed by Pain Medicine and Rehabilitation Center and Anthony Alexander after it found PMRC’s motion in the trial court was not procedurally correct.
Court reduces man’s sentence by 3 years
The Indiana Court of Appeals reduced a man’s aggregate sentence by three years after it found he was denied effective assistance of counsel when his counsel did not bring up a statutory limitation issue.
Line in the sand
Public access and use of the Lake Michigan shore clashes with private property rights in heated case of first impression.