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.
Judge Elizabeth Tavitas
Articles
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.
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.
COA reaffirms trial court lacked jurisdiction in Florida suit between IU professor, Russian bank
The Indiana Court of Appeals has reaffirmed its prior holding that a Monroe County trial court lacked subject matter jurisdiction in a Florida case between a Bloomington professor and a Russian bank centered on an alleged 2016 political hacking scandal.
COA affirms $245K judgment against brother in family farm dispute
An order for a brother to pay nearly $245,000, including more than $100,000 in attorney fees, in a dispute with his siblings over a breach of their mother’s revocable trust was affirmed Friday by the Indiana Court of Appeals.
Appellate court upholds murder conviction despite woman’s self-defense claim
A woman convicted of murdering a man who had been harassing her at an Evansville house party failed to convince the Indiana Court of Appeals that she was acting in self-defense or that the trial court erred in making evidentiary decisions.
Woman denied counsel gets new trial on marijuana charge
A woman whose request for appointed counsel was denied will receive a new trial on her misdemeanor marijuana conviction after the Indiana Court of Appeals determined her constitutional right to counsel was violated.
Appellate panel reverses, reinstates grandson’s will contest
A will contest between a man’s daughter and his grandson will continue in Huntington Circuit Court after the Indiana Court of Appeals determined the trial court erred in granting summary judgment to the daughter.
Candy maker entitled to judgment, but not fees, after woman’s employment sours
A northern Indiana sweets shop whose relationship with an employee turned sour is entitled to summary judgment in the former employee’s lawsuit filed after her smartphone was wiped clean by the company. However, the confectionery has not demonstrated that it is entitled to attorney fees.
23-year molestation sentence affirmed despite improper aggravator
Despite a trial court improperly considering an aggravating factor that went against a “clear directive” from the Indiana Court of Appeals, a man’s 23-year sentence for molesting his niece was upheld in a Thursday opinion.
Teen sentenced to life without parole wins resentencing
A man convicted as a teen of murdering his 10-year-old brother will get a new sentencing hearing after the Indiana Court of Appeals found his representation “wholly deficient” at his first sentencing hearing that led to his sentence to life without parole.
COA affirms denial of birth mother’s consent argument in adoption dispute
A birth mother unsuccessfully argued that her consent was required for her daughter’s aunt and uncle to adopt the child, the Indiana Court of Appeals ruled Monday.
Fowl investment gone foul leads to reversal at COA
Despite ruffled feathers among parties involved in a bird investment project, a nearly $40,000 judgment for the investor has been reversed after a split Indiana Court of Appeals determined the trial court applied the wrong law in awarding relief.
Firearm delinquency adjudication overturned for insufficient evidence
The Indiana Court of Appeals has reversed a delinquency adjudication after determining there was insufficient evidence to prove that a teenager illegally possessed a handgun.
Woman’s PI suit against state after hydroplane crash divides appeals panel
A woman who sued the Indiana Department of Transportation after she was injured in a crash resulting from her vehicle hydroplaning on a northern Indiana highway cannot pursue her lawsuit against the state, a majority of the Indiana Court of Appeals ruled Wednesday. A dissenting judge, however, would reverse and send the matter back to the trial court to hear her claims.
Reversal: Court erred in CHINS findings, placing kids in foster care
An out-of-state father whose children were placed in foster care after one of them was injured during a domestic dispute between their mother and her boyfriend was wrongly denied an opportunity to parent his children, the Indiana Court of Appeals ruled Wednesday.
COA splits on damages award in nursing home’s breach of warranty dispute
A split Indiana Court of Appeals panel has reversed a damages award to a nursing home in its breach of warranty dispute with a roofing company, with a dissenting judge arguing that the damage award was within the scope of the evidence.
Justices reverse, remand for new trial in theft case
Indiana Supreme Court justices on Friday reversed a $350,000 verdict and attorney fee award for a Monroe County woman, remanding the case for a new trial on her theft claims.
Ruling for homeowner in Indianapolis code-enforcement case reversed
A court ruling in favor of a Lawrence homeowner who was investigated after reports that he was building a deck and an above-ground pool without city permits was reversed Monday. The Indiana Court of Appeals found judgment in the property owner’s favor was clearly erroneous.
Split COA affirms denial of claim against hospital in case tied to killing
The widow of a man who was killed by his grandson after numerous mental health treatments lost an appeal of a ruling against her negligence claims against health care providers Monday.