Molter joins COA after years of appellate practice
While Derek Molter and his forebearers have accomplished much over the last century, he will now further his family’s legacy in law by joining the Indiana Court of Appeals as its newest judge.
Indiana Court of Appeals
Articles
Justices uphold distinction between active, passive fraud, find in favor of clinic after missed diagnosis
The Indiana Supreme Court has reinstated judgment in favor of a now-defunct clinic that missed a woman’s hepatitis C diagnosis, finding that the patient’s medical malpractice claim was untimely.
COA reverses informal adjustment order
A trial court was without statutory authority when it ordered a father to participate in an informal adjustment without his consent, the Indiana Court of Appeals has ruled.
COA: Insurer has duty to defend bars and owners following vehicle accident
Illinois Casualty Company will have to pick up the tab for a pair of Kokomo watering holes after the Indiana Court of Appeals found the insurer has a duty to defend the bars and the owners in a lawsuit arising from a traffic accident caused by one of their customers.
COA divided over mother’s gender-marker change request for transgender son
A split Indiana Court of Appeals panel upheld Monday the denial of a mother’s petition asking for a gender marker change for her transgender son on his birth certificate, finding sufficient evidence wasn’t provided to prove the change was in the child’s best interests.
Robing ceremony held for COA Judge Weissmann
Almost a year after being sworn into the judiciary, a robing ceremony was held for Indiana Court of Appeals Judge Leanna Weissmann.
7th Circuit rules district court had jurisdiction over dispute previously decided in state courts
An Indiana federal court has jurisdiction over a dispute between a northern Indiana apartment owner and city officials, even though that dispute was already adjudicated in state court, the 7th Circuit Court of Appeals ruled Wednesday.
COA: State cannot change adopted female’s age
While the state failed in its attempt to reinstate criminal charges against a couple who adopted then abandoned a female who they believed was actually an adult, the Indiana Court of Appeals has another option for prosecuting the defendants.
COA affirms denial of $8K attorney fee award in small claims case
The Indiana Court of Appeals has affirmed the denial of a man’s request for $8,000 in attorney fees in a small claims case after roughly $350 was deducted from his paychecks for damaging a client’s property.
Appellate court upholds summary judgment in multi-million-dollar insurer dispute
The Indiana Automobile Insurance Plan was properly awarded summary judgment against an insurance company that did not notify it of a multi-million-dollar loss, the Indiana Court of Appeals has ruled.
Columbus concrete company prevails in dispute with competitor, former employer
A ruling for concrete-industry employees in a breach of confidentiality dispute with their former employer has been affirmed by the Indiana Court of Appeals.
Appellate court allows evidence from rental vehicle in Vanderburgh Co. drug trial
Evidence uncovered during the search of a rental vehicle can be admitted in a man’s Vanderburgh County drug trial, the Indiana Court of Appeals has ruled, finding that the defendant did not have a privacy interest in the rental at the time it was searched.
COA: Greenwood law firm didn’t commit fraud, but disciplinary grievances dismissed too quickly
A Greenwood law firm did not commit fraud when an unlicensed representative consulted with an Indianapolis woman for legal services, the Indiana Court of Appeals has ruled. However, the appellate panel opined that disciplinary grievances filed as a result of the alleged fraud were dismissed too quickly.
Summary judgment affirmed for grandparents in wrongful-death case after toddler drowned
Deciding a “novel issue grounded in tragedy,” the Indiana Court of Appeals on Monday affirmed summary judgment for a 2-year-old’s maternal grandparents after the child drowned in their backyard pool.
COA rejects evidentiary challenges to Spencer Co. murder
A Spencer County man who shot and killed his girlfriend failed to convince the Indiana Court of Appeals to overturn his murder conviction on evidentiary grounds.
COA rules assets unfairly distributed in divorce
The Indiana Court of Appeals ruled Friday that a lower court erred in its distribution of assets and debts between a divorced Hendricks County couple.
COA: Arbitration order for homebuilder, owner ‘premature’ in plumbing dispute
A Lawrence couple will not be compelled to arbitration over a sewage dispute with their homebuilder at this time, the Indiana Court of Appeals ruled in a Friday reversal, finding an order to do so by the Marion Superior Court was “premature.”
COA reverses trial court’s modification in child custody case
A trial court erred in granting a petition for sole custody of a child to his father and will need to revisit its decision, the Indiana Court of Appeals has ruled.
Court affirms NW Indiana man’s convictions in baby’s death
The Indiana Court of Appeals has affirmed a Michigan City man’s convictions for fatally shaking his two-month-old son in 2019 and plotting to kill his wife as he awaited trial in jail.
COA rules in favor of Carmel doctor who sued hospital for defamation
A trial court will need to recalculate pre- and post-judgment interest in a case in which a doctor was awarded millions in damages after suing a Carmel hospital, the Indiana Court of Appeals has ruled.