308 results for 'court:"Indiana Court Of Appeals"'.
J. Weissmann finds that the trial court properly ruled for the insurer in claims seeking coverage for theft because the policy contained an exclusion for dishonest acts performed by someone entrusted with the property, and theft of the tools had been committed by the company's employee. Affirmed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: March 4, 2024, Case #: 23A-PL-995, Categories: Insurance, Property
J. Najam finds that the trial court properly ruled in contract claims concerning a warranty for HVAC equipment because the property owner failed to timely file his claim and failed to prove the existence of an oral warranty. Affirmed.
Court: Indiana Court Of Appeals, Judge: Najam, Filed On: March 4, 2024, Case #: 23A-SC-1324, Categories: Warranty, Contract
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J. Altice finds that the trial court improperly ruled in negligence claims concerning construction of a drainage system. The court properly held that the construction company owed property owners a duty to properly design and construct the subdivision's drainage system, but the development company did not have a hand in designing the property owners' home or the drainage system. Reversed in part.
Court: Indiana Court Of Appeals, Judge: Altice, Filed On: February 27, 2024, Case #: 23A-PL-437, Categories: Construction, Negligence
J. Vaidik finds that the trial court improperly required defendant to register as a sex offender in Indiana because moving back to Indiana after moving to a state that requires registration for a sexual misconduct conviction did not require that he register as a sex offender in Indiana. Reversed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: February 23, 2024, Case #: 23A-MI-2545, Categories: Sex Offender, Jurisdiction
J. Riley finds that the trial court properly held that the zoning board used baseless conjecture to determine that a proposed drug treatment center posed dangers to nearby residents, who lived a half-mile away. Meanwhile, evidence does not indicate that the treatment center's need for an expanded parking lot poses a risk to the nearby agricultural area. Affirmed.
Court: Indiana Court Of Appeals, Judge: Riley, Filed On: February 21, 2024, Case #: 23A-MI-1733, Categories: Property, Zoning
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. Shepard finds that the trial court properly held that property owners were not subject to premises liability claims for the sexual assault of a minor at a party they hosted, but negligent supervision claims should have proceeded to trial because the property owners had notice that their child may pose a risk to others. Affirmed in part.
Court: Indiana Court Of Appeals, Judge: Shepard, Filed On: February 12, 2024, Case #: 22A-CT-2922, Categories: Negligence, Premises Liability
J. Shepard finds that defendant properly had firearms and ammunition seized under Indiana's "Red Flag Law." The evidence shows that defendant threatened to shoot police and that the seizing of his firearms was warranted. In addition, defendant did not follow the proper procedure to allow his firearms to be released to a third party. Affirmed.
Court: Indiana Court Of Appeals, Judge: Shepard, Filed On: February 9, 2024, Case #: 23A-CR-1489, Categories: Evidence, Firearms
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. Foley finds that the trial court improperly ruled that the law enforcement training board could not consider evidence from an expunged arrest case to determine whether plaintiff could act as a law enforcement officer. However, the court order is too broad because the board may consider independent facts underlying the arrest records. Reversed.
Court: Indiana Court Of Appeals, Judge: Foley, Filed On: February 2, 2024, Case #: 23A-XP-144, Categories: Licensing
J. Altice finds that the trial court properly held that property owners were not required to exhaust all remedies before seeking an injunction to stop the building of a residential facility for dementia patients. Construction was properly halted because evidence indicated the group home likely did not meet all zoning requirements. Affirmed.
Court: Indiana Court Of Appeals, Judge: Altice, Filed On: February 2, 2024, Case #: 22A-PL-2931, Categories: Civil Procedure, Property, Zoning
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