COA dismisses credit card debt appeal
The Indiana Court of Appeals dismissed a woman’s appeal of a default judgment entered against her regarding credit card debt because she did not file an Ind. Trial Rule 60(B) motion for relief.
Indiana Court of Appeals
Articles
COA: Survivor benefit plan is a marital asset
Ruling on an issue barely touched upon in a previous decision, the Indiana Court of Appeals determined that a survivor benefit plan of a military pension should have been included in the marital pot when calculating asset distribution in a divorce.
COA agrees man’s Ohio convictions don’t support SVF charges
Because the elements of the Ohio residential burglary statute used as the basis to charge a defendant as a serious violent felon in Indiana are not substantially similar to the Indiana statute, the Indiana Court of Appeals affirmed dismissal of the defendant’s SVF charges.
Justices agree: No mistrial because of juror’s Facebook friend
The Indiana Supreme Court granted transfer to a case to affirm the Court of Appeals decision denying a mistrial for a man who argued a juror’s being “friends” with the victim’s relative on Facebook required the mistrial.
Rental car insurance policy excludes UIM coverage
The Indiana Court of Appeals reversed the denial of an insurance company’s motion for summary judgment in a lawsuit brought by a customer injured in a car accident who had purchased optional supplemental liability protection when renting a car. The trial court incorrectly denied the company’s motion for summary judgment on the premise it did not provide uninsured or underinsured motorist coverage to the customer.
Judge wants state to discard ‘archaic’ coverture fraction
The Indiana Court of Appeals upheld the division of a husband’s pension through the use of the coverture fraction, but one judge questioned why Indiana continues to use the doctrine which has its origin in an “outdated and misogynist view” of the rights and roles of men and women.
COA finds 1 out of 3 dental advertising regulations unconstitutional
The regulation that compels dentists to disclose every dentist within the practice in advertisements is unconstitutional, the Indiana Court of Appeals held Wednesday. It held two other challenged regulations regarding advertising are not unconstitutional.
Court affirms in part lien priority ruling
A trial court correctly concluded that a living trust, which held a purchase-money mortgage over a property in question, had first priority in enforcing a lien against the property, the Court of Appeals ruled Tuesday.
Judges split over reversal of drug conviction after inventory search
Each member of a panel on the Indiana Court of Appeals authored an opinion regarding a man's marijuana conviction stemming from the discovery of the drug during an inventory search after he was arrested for allegedly driving on a suspended license. Two of the three judges voted to reverse his felony conviction.
Lack of signage causes COA to toss speeding ticket
The Indiana Court of Appeals threw out a man’s speeding ticket issued in Lawrence County after ruling the county did not make motorists aware with signs of the 35 mph speed limit on the road.
COA: Causation questions remain in med-mal suit
A woman initially treated for an aggressive form of cancer, only to later discover she was suffering from a far-less serious form of the disease, can proceed with her lawsuit against a doctor she alleges was negligent in catching her cancer early.
Amended statute confuses trial court
A trial court misinterpreted an amended statute regarding power of attorney, the Indiana Court of Appeals ruled in giving a son the ability to look at his mother’s finances.
Court erred in granting mom relief from dad’s Wyoming order
An Indiana trial court erred when it granted a mother’s request for Trial Rule 60(B) relief from a Wyoming court order that reduced a father’s child support arrearage to zero.
Man convicted in swordfight death loses PCR appeal
A man convicted of killing his great-uncle in a 2009 swordfight that also took the life of his grandmother failed Tuesday in his pro se post-conviction relief appeal.
Expunged criminal records still may show up and might be required in some cases
If you’ve stayed out of trouble for the required number of years, Indiana’s expungement statute will erase your criminal record and give you a clean slate. (Individual results may vary.)
Appeals court hears injured worker’s bid for lost earnings
An attorney for a Mexican man who's seeking lost future earnings for a workplace back injury told the Indiana Court of Appeals on Wednesday that his client should be allowed to pursue those wages at U.S. pay rates instead of rates in his home country.
COA affirms foreclosure of Crown Point property
A trial court was correct in granting a bank’s request to foreclose on a Crown Point, Indiana, business park, the Court of Appeals held Thursday.
COA finds fired highway worker was at-will employee
Echoing precedent, the Indiana Court of Appeals has found that an employee handbook is not an employment contract.
Amendment to new criminal code foils attempt for sentence modification
A Vanderburgh County man hoping to benefit from Indiana’s overhaul of its criminal codes was instead reminded to read state statutes very carefully.
Trucker’s widow entitled to prejudgment interest, COA decides
The widow of a truck driver killed in an accident is entitled to collect more than $622,000 in prejudgment interest on a $6 million verdict, but is otherwise barred from an award of attorney fees, the Indiana Court of Appeals ruled on rehearing Thursday.