23 results for 'judge:"Mathias"'.
J. Mathias finds that the trial court properly ruled in foreclosure claims because the bank was within its power to seek foreclosure of a surety agreement used to secure a farm loan. Meanwhile, one contracted party cannot be absolved of his obligations simply because the bank and other parties made modifications to the contract. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: May 1, 2024, Case #: 23A-MF-1986, Categories: Banking / Lending, Foreclosure
J. Mathias finds that the trial court improperly held that the city was required to provide plaintiff health insurance in employment claims because plaintiff was not a full-time employee merely for being a councilman. Reversed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: April 29, 2024, Case #: 24A-PL-418, Categories: Employment
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J. Mathias finds that the trial court properly allowed plaintiff, a member of the church board of trustees, to continue negligence claims brought after he fell from a ladder while doing construction work on a shed because worship did not take place where the shed was located, and thus the case was not subject to statute regarding personal injuries in places of worship. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: April 15, 2024, Case #: 23A-CT-1728, Categories: Property, Negligence
J. Mathias finds that the lower court properly convicted defendant of Level 4 felony unlawful possession of a firearm by a serious violent felon. The state presented sufficient evidence to prove that defendant had possessed a handgun stolen from his father, found at the scene where defendant fled from officers. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: April 8, 2024, Case #: 23A-CR-1399, Categories: Evidence
J. Mathias finds that the trial court properly held that a mother did not have to justify why she does not want her child to attend the father's church because Indiana law grants the custodial parent the right to determine the child's upbringing. Meanwhile, the father's parenting time was properly reduced based on evidence indicating that he exposed the child to harmful conduct, including arguments with the mother. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: March 12, 2024, Case #: 23A-DC-1393, Categories: Family Law
J. Mathias finds that the trial court properly denied a wife a restraining order in claims stemming from a dissolution of marriage because statements about alleged criminal conduct that her husband made to her employer would cause damage only if proven to be true. Should the wife be damaged by the husband's prior or future statements, she may sue him for defamation at that time. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: February 21, 2024, Case #: 23A-DC-1954, Categories: Family Law, Defamation, Restraining Order
J. Mathias finds that the trial court properly ruled in property damage claims stemming from a helicopter crash because evidence indicates the helicopter had been delivered in good working condition and that the crash resulted from engine failure following maintenance. Since the helicopter was returned in worse condition, plaintiff was entitled to damages equal to the value of the aircraft. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: February 5, 2024, Case #: 23A-MI-1987, Categories: Property, Damages, Negligence
J. Mathias finds that the trial court improperly held defendant in jail for 630 days without holding a hearing on whether he violated parole based on the false idea that he was being held for parole violations and new criminal charges. Defendant was entitled to a determination as to whether his delay was unlawful and whether allegations that he violated parole should be dismissed. Reversed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: January 31, 2024, Case #: 23A-MI-1053, Categories: Criminal Procedure, Parole
J. Mathias finds the lower court improperly found defendant to be a habitual offender. Defendant was convicted of four counts of cold molesting and received an effective 26-year sentence as a habitual offender. The state was required to show the instant offenses were committed after any prior offenses considered to establish the habitual offender status, but three of the four instant offenses were allegedly committed before. Insufficient evidence was presented to support sentencing defendant as a habitual offender. Reversed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: August 2, 2023, Case #: 22ACR2927, Categories: Evidence, Sentencing, Sex Offender