Blog

​Ashabranner v. Wilkins (Ind. Ct. App. June 15, 2012) In this case, the Court of Appeals addressed a situation in which a nineteen-year-old child lived with neither parent, received Section 8 housing assistance, worked, and was in the process of beginning college.

​A.R.M. v. State (Ind. Ct. App. June 7, 2012) In this case, the Court of Appeals addressed the Protected Person Statute, Indiana Code section 35-37-6-6, which governs, among other things, the admission of child testimony by videotape in sex crime cases.

​Sexton v. Sexton (Ind. Ct. App. June 8, 2012) This case is the Court of Appeals’ first opportunity to discuss Public Law 111-2012, which will change the presumptive age for termination of child support from twenty-one to nineteen, effective July 1, 2012.

​W.D. v. City of Nappanee (Ind. Ct. App. June 6, 2012) This case involves a suit brought by a child and his parents against the City of Nappanee following injuries sustained by the child in a near-drowning in the City pool.

​Perkins v. Stesiak (Ind. Ct. App. May 30, 2012) In this case, the Court of Appeals affirmed a trial court’s grant of summary judgment on the grounds that the plaintiff had no cognizable claim for emotional distress.

Adnrousky v. Walter (Ind. Ct. App. May 30, 2012) The Plaintiff in this case filed suit against a landowner after the Plaintiff’s son drowned in the landowner’s pool.

​Myers v. Deets (Ind. Ct. App. May 29, 2012) This case involves a suit by a client against an attorney and the attorney’s partner (“Edward”), firm, and insurance company after the attorney allegedly and improperly failed to refund part of a retainer.

​​Haste v. State (Ind. Ct. App. May 25, 2012) In this case, a criminal defendant appealed a conviction and sentence for dealing methamphetamine following an order sentencing the defendant to 10 years.

This case addresses the important issue of whether an order is “final” for purposes of an appeal.

Reynolds v. Capps (Ind. Ct. App. May 23, 2012) A landlord filed a claim for ejection and past-due rent. No judge appeared at the small claims trial, so a court reporter took down the argument from the parties.

​Clements v. Hall(Ind. Ct. App. April 24, 2012) In this case, the Court of Appeals reversed a trial court’s denial of a motion for relief from judgment. The defendant’s attorney was not served with the plaintiffs’ summary judgment motion, which the trial court had granted.

Omni Insurance Group v. Poage(Ind. Ct. App. April 23, 2012) Parties often litigate the issue of whether a person was a resident of another’s home for purposes of an insurance policy.

Darby v. State (Ind. Ct. App. April 19, 2012) In this criminal appeal, the Court of Appeals affirmed the trial court’s denial of the defendant’s petition to file a belated notice of appeal.

This case demonstrates the importance of knowing and following appellate procedural rules.

In this case, the Court of Appeals reversed the Review Board’s grant of unemployment benefits, holding that if an employee’s explanation for the behavior that led to termination is a different terminable offense, the employer has just cause to terminate the employee.

This case is Indiana's Court of Appeals' first in-depth discussion of the SCOTUS decision in Arizona v. Johnson, 555 U.S. 323 (2009), which addressed the authority of police officers to conduct pat-down searches of vehicle passengers after routine traffic stops.

​The Estate of Smith v. Stutzman (Ind. Ct. App. March 23, 2012) In this case, the Court of Appeals held that the trial court properly set aside a default judgment entered against an employer on a claim brought by an employee who claimed he was injured due to the employer’s negligence.

​Hunt Construction Group, Inc. v. Garrett (Ind. March 22, 2012) This important construction accident case resulted in two important holdings.

​State Mutual Insurance Company v. Flexdar, Inc. (Ind. March 22, 2012) In a 3-2 decision, our Supreme Court held that the pollution exclusion in the Defendant’s commercial general liability policy was ambiguous and therefore provided coverage for the Plaintiff’s costs of cleaning up trichloroethylene that was present in its soil and groundwater.

Chaney v. Clarion Health Partners, Inc. (Ind. Ct. App. March 22, 2012) In this case, the Court of Appeals affirmed its initial order awarding appellate fees and costs but modified its published decision based on two errors pointed out by the parties seeking a rehearing.