2nd CHINS finding upheld, but contempt ruling against father reversed
A CHINS adjudication was not erroneous, the Court of Appeals of Indiana has ruled, but a contempt finding against a father was.
reversal
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Evidentiary hearing ordered after juror fails to disclosure knowledge of expert witness
A trial court must hold an evidentiary hearing to determine how familiar a potential juror in a medical malpractice case was with a doctor who was called an expert for the defense, the Court of Appeals of Indiana has ruled.
COA reverses summary disposition of PCR petition, orders evidentiary hearing on delayed parole hearing
A trial court must hold a hearing to determine whether the state can show good cause for the delay in a probation revocation hearing, the Court of Appeals of Indiana ruled in a Wednesday reversal.
IN justice’s allow inmate’s med-mal case against prison docs to continue
An inmate who alleged prison officials were deliberately indifferent to his serious medical needs can proceed with his case against prison doctors after the Indiana Supreme Court reversed the grant of summary judgment to the defendants.
COA reverses judgment for developer in easement dispute with Bloomington business
The Court of Appeals of Indiana has reversed judgment for a real estate developer in a dispute with a Bloomington business, finding that the developer obstructed the business’s easement during a construction project.
Split COA orders new trial in deadly county fair brawl after prosecutorial misconduct
A man convicted of manslaughter after a brawl at a county fair will get a new trial, although one appellate judge would uphold his conviction and sentence.
Insufficient notice leads COA to rule for Georgia woman seeking relief from $36K judgment in estate case
Regardless of the intent behind a notice that was served four days before a hearing — and one day before Christmas — the notice was not sufficient for an elderly Georgia resident to hire an attorney and travel to Indiana for a hearing on a disputed estate.
Grandmother can pursue visitation of granddaughter under state law, COA rules in reversal
An Allen County grandmother seeking visitation with her granddaughter had standing under the state’s Grandparent Visitation Act to submit a visitation petition, the Court of Appeals of Indiana ruled in a Wednesday reversal.
COA reinstates, then reverses, neglect conviction
After reinstating a woman’s neglect conviction based on trial court error, the Court of Appeals of Indiana then reversed that conviction based on insufficient evidence.
COA affirms summary judgment rulings in Westfield project dispute, but stays distribution of road funds pending commercial court decision
A Richmond bank’s mortgage interest, in its entirety, takes priority in a complex land project case involving multiple developers, contractors and the city of Westfield, the Court of Appeals of Indiana ruled Friday.
Contempt ruling involving adult theater in Clarksville overturned
A trial court must consider the discovery objections lodged by a company that leases space to an adult theater in Clarksville after the Court of Appeals of Indiana overturned a contempt ruling against the company.
COA rebukes trial judge in reversing custody order
While a mother cannot relocate to Utah with her child, the trial court erred in awarding primary physical custody of the child to the father, the Court of Appeals of Indiana ruled Thursday, penning a rebuke of the trial judge’s commentary.
Marijuana, meth convictions reversed for insufficient evidence, double jeopardy
The legalization of hemp has led to the reversal of a man’s possession of marijuana conviction at the Court of Appeals of Indiana, which also vacated a meth-possession conviction on double jeopardy grounds.
IN Supreme Court rejects summary judgment for owner of fitness facility where swimmer suffered head injury
The owner of a health and fitness center where a woman suffered a head injury while swimming must face the woman’s negligence-related claims, the Indiana Supreme Court ruled in finding the gym’s owner is not entitled to summary judgment.
Split COA reverses denial of motion for discharge
A trial court should’ve granted a man’s motion for discharge after his drug-related trial was continued multiple times, a split Court of Appeals of Indiana ruled in a reversal.
COA reverses, remands to set aside expired body attachment writ
A body attachment writ was expired when its subject was arrested, the Court of Appeals of Indiana ruled in reversing the denial of the subject’s motion to set aside the writ.
COA splits, reverses in divorce case after ‘flagrant injustice’ to pro se wife
A trial court should have admitted a woman’s prenuptial agreement into evidence in her divorce case, and its failure to do so resulted in a “flagrant injustice,” a split Court of Appeals of Indiana ruled in a Tuesday reversal.
COA reverses summary judgment in moldy building dispute
A negligence and breach complaint related to a mold-infested building can continue after the Court of Appeals of Indiana reversed the entry of summary judgment.
COA reverses, rules mother’s petition was sufficient to raise SIJ status for child
A mother’s motion to amend language in her paternity judgment to conform with her child’s federal immigration petition requirement should have been granted, the Court of Appeals of Indiana ruled Wednesday.
Factual issues need resolution in Hamilton County billboard dispute, COA rules in reversal
A factfinding hearing must be held regarding the state’s removal of a billboard sign along U.S. 31 before a trial court can decide if a taking occurred or enter an order of appropriation, the Court of Appeals of Indiana ruled Wednesday.