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.
Indiana Court of Appeals
Articles
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.
Chargemaster rates questioned
A divided Court of Appeals ruling allowing a patient to view hospital prices may be headed to the Indiana Supreme Court.
State appellate briefs make online debut
Briefs filed in Indiana appeals were made available for online for the first time Friday.
Interim appellate court clerk replaces Smith
Long-serving Indiana appellate court clerk Kevin S. Smith resigned recently, and former deputy clerk Greg Pachmayr is now serving as interim clerk.
Man must pay to clean up meth mess, court affirms
The Indiana Court of Appeals ruled a man must pay to clean up the remnants of his meth lab after it found Indiana Code justified the payment and there was a victim to whom restitution should be paid.
COA: Patient not notified doctor was independent contractor
The Indiana Court of Appeals ruled a man was never notified that the doctor treating him was an independent contractor and not an employee and therefore reversed summary judgment to the hospital and remanded the man’s vicarious liability case to the trial court.
Majority: injured worker’s immigration status relevant
The Indiana Court of Appeals ruled in a split decision a man’s immigration status is valid evidence in a case where he was injured while working in the United States as an undocumented immigrant.
COA: Man has to abide by settlement
A man must abide with the agreement he settled on even though he had later second thoughts. The Indiana Court of Appeals found he breached a contract after he came to a settlement with an insurance company.
COA: Contract can be rescinded after land misrepresented
The Indiana Court of Appeals found a rental company could rescind its purchasing contract for a tract of land after the company that owned the land misrepresented it to the buyer.
COA: Flood plain ordinance is enforceable, residential ordinance is not
A builder must seek a special exception to mine in a flood plain zone after the Indiana Court of Appeals found that ordinance enforceable under state statute. However, an ordinance that doesn’t allow mining within two miles of a residential area is not enforceable because it was not enacted in accordance with Indiana’s zoning statutes.
CHINS case dismissed for lack of subject matter jurisdiction
A mother’s appeal of a trial court’s order terminating her visitation with her child and denying her motion to modify the permanency plan in a CHINS case was dismissed by the Indiana Court of Appeals for lack of subject matter jurisdiction.
Woman claiming defamation after charges dropped loses appeal
A woman who sued for defamation against her employer and a private investigator after she was acquitted of two counts of theft will not gain relief after the Indiana Court of Appeals upheld summary judgment for the employer and investigator in her case.
COA trims man’s robbery, sex offense sentence from 248 to 218 years
An Indianapolis man who was one of five accomplices who robbed a house and sexually assaulted victims inside during a two-hour rampage will likely spend the rest of his life behind bars, but the Indiana Court of Appeals ruled Thursday he had been subjected to double jeopardy and trimmed 30 years off his sentence.
COA: Trial court did not follow Batson regulations when dismissing Hispanic juror
A trial court did not follow Batson regulations when dismissing a Hispanic juror before the trial of a man convicted of Class D felony intimidation and Class A misdemeanor domestic battery, and as such the Indiana Court of Appeals reversed his convictions, finding the evidence enough for him to stand trial again.
Woman can be charged with criminal trespass after entering school
A woman who entered school property after she was threatened with criminal trespass if she did so can be charged with the crime after the Indiana Court of Appeals upheld a trial court ruling that she had no contractual interest in the school property, despite being a parent in the district.
COA changes sentence for drunk woman who hit a man with her car
The Indiana Court of Appeals ruled the sentence given to a woman who hit a man with her car and killed him while driving drunk was too harsh and took two years off it. However, the COA upheld all other parts of her conviction.
COA affirms estate no longer has interest in property
The Indiana Court of Appeals affirmed a motion to dismiss as well as a motion for summary judgment after a woman sued an estate that no longer has interest in a property because that interest had passed to another person.