Appellate court declines to issue ‘advisory’ opinion in estate dispute
The Indiana Court of Appeals on Thursday granted rehearing in an estate case to reiterate that it does not issue advisory opinions.
Indiana Court of Appeals
Articles
COA vacates judgment for hospital, dismisses sepsis theory in widow’s med-mal complaint
A sepsis theory included in a widow’s medical malpractice claim has been ordered dismissed by the Indiana Court of Appeals after it found a Steuben County court lacked jurisdiction to enter partial summary judgment on that portion of the claim.
COA: Hendricks County excavating business gets reversal in alter ego dispute
The Indiana Court of Appeals has reversed a trial court ruling by finding against a Hendricks County excavating business that tried to benefit from family ties to escape liability after excavators abandoned and left incomplete the installation of a safe room in a homeowner’s residence.
Indiana Court Decisions – June 17-30, 2021
Read Indiana appellate court decisions from the most recent reporting period.
‘Private right of action’ at heart of unemployment dispute
Before the Indiana Court of Appeals, the governor and a group of unemployed Hoosiers are sparing over whether a state statute is intended to cover the extra unemployment payment provided by Congress to buoy those who lost their jobs as a result of the pandemic.
COA tightens deadline in enhanced unemployment benefits dispute
The Indiana Court of Appeals is allowing the state to proceed with its attempt to overturn a Marion Superior Court ruling reinstating enhanced unemployment benefits and is moving to expedite when it will issue a ruling in the matter.
Buyer prevails in tax sale dispute with mortgage holders
A financial group has secured a reversal in its favor from the Indiana Court of Appeals after its originally successful bid at a tax sale went south.
COA rules for Tippecanoe School Corp. in expansion dispute with local landowners
A Tippecanoe County school corporation received a favorable ruling from the Indiana Court of Appeals on Monday in its bid to turn local farmland into a new middle school.
Appellate court remands for mother in grandparent visitation dispute
The Indiana Court of Appeals has agreed with a Hamilton County mother who argued that grandparent visitation granted to her late husband’s parents was not supported by adequate findings.
COA allows defendant to take deposition of alleged child sex abuse victim
Following a recent decision that struck down a law limiting when defendants can take the deposition of an alleged child sex abuse victim, the Indiana Court of Appeals has once again allowed a defendant accused of child sex crimes to take the deposition of his accuser.
Indiana court rules prison can take cash from inmate account
The Indiana Court of Appeals has ruled against an inmate who sued after money was withdrawn from his prison account to pay for the medical bills of a correctional officer he injured 30 years ago.
Finding error, COA reverses denial of tax sale
The deceased owner’s brother has lost possession of a 10-foot-wide vacant lot after the Indiana Court of Appeals found the trial court was “clearly erroneous” in finding the purchaser did not give proper notice.
Inmate’s discipline sanction doesn’t preclude criminal prosecution for same act, COA rules
Disciplinary sanctions imposed by the Indiana Department of Correction against a Miami County inmate for battering an officer did not constitute double jeopardy barring criminal prosecution, the Indiana Court of Appeals has ruled.
COA affirms denial of summary judgment to Howard Co. after botched 911 call
A genuine issue of material fact still exists on the willful or wanton exception to governmental immunity for the use of a 911 system in the case of mishandled Howard County emergency call that resulted in a woman’s death, the Indiana Court of Appeals has affirmed.
Indiana Court Decisions – June 3-16, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Indianapolis mom celebrates reunification with son after 10-year battle
For Keely Tackett, having her son, Baron, home was the end of a nearly 10-year struggle during which she had to continually convince the courts, social workers, therapists and sometimes even herself that she was a fit mother and could care for her oldest child.
Racial diversity lacking: No minorities in decade of appointments to IN benches
Although the next Court of Appeals judge has not been selected, the three candidates nominated ensure Indiana will continue its 9-year streak of judicial appointments that do not include a person of color.
COA affirms disputed votes in favor of Madison Co. solar farm
The votes of two Madison County Board of Zoning Appeals members regarding a disputed solar energy project were valid, the Indiana Court of Appeals has ruled. It also held that the board’s approval of special use applications and setback variances were supported by substantial evidence.
Supreme Court grants transfer to condo dispute, South Shore Line negligence claim
The Indiana Supreme Court has agreed to consider cases involving allegations of faulty construction at a South Bend condo complex and a negligence claim against the operator of the northern Indiana South Shore Line.
COA affirms $15K attorney fee award in parents’ custody dispute
An order awarding $15,000 in attorney fees to a mother after her ex-husband sought to modify custody and child support will stand, the Indiana Court of Appeals has ruled. It found the fees weren’t barred by res judicata or the law of the case doctrine.