19 results for 'judge:"Altice"'.
J. Altice finds that the trial court properly ruled in civil rights claims because evidence indicates an inmate was provided regular access to medical care, and nothing indicates correctional officers acted indifferently toward him. Meanwhile, the inmate failed to establish he suffered injury absent a showing that he served time in jail based upon levied sanctions. Affirmed.
Court: Indiana Court Of Appeals, Judge: Altice, Filed On: April 18, 2024, Case #: 23A-CT-1564, Categories: Civil Rights, Negligence, Prisoners' Rights
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. 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
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J. Altice finds that the trial court should have enforced arbitration as requested by a contractor in construction claims brought in Wisconsin because the contractor did not waive the right to demand such in an Indiana lawsuit, which, in turn, should be paused pending the outcome of the prior-filed Wisconsin action. Reversed.
Court: Indiana Court Of Appeals, Judge: Altice, Filed On: December 27, 2023, Case #: 23A-PL-654, Categories: Arbitration, Civil Procedure, Contract
J. Altice finds that the small claims court properly awarded tenants judgment based on the condition of the rental property since the property owner attempted to relitigate the facts of the case. In light of the bad faith appeal, the matter should be remanded to award attorney fees to the tenants. Affirmed.
Court: Indiana Court Of Appeals, Judge: Altice, Filed On: December 4, 2023, Case #: 23A-SC-973, Categories: Landlord Tenant, Attorney Fees
J. Altice finds that the trial court properly determined child support owed by a father in a divorce action because support guidelines did not allow the father to offset weekly payments by the amount of disability benefits his daughter receives. Affirmed.
Court: Indiana Court Of Appeals, Judge: Altice, Filed On: October 31, 2023, Case #: 23A-DC-1384, Categories: Family Law
J. Altice finds that defendant was properly convicted of neglect leading to a catastrophic injury after his girlfriend's baby died following hematomas, retinal hemorrhaging, and five fractured ribs. That the jury's reasons for acquitting defendant of battery remain unclear does not require setting aside the neglect conviction, and evidence indicates the baby was "perfectly fine" after being looked after by another babysitter. Meanwhile, the baby had been heard making a loud whimpering sound while being cared for by defendant in another room. Affirmed.
Court: Indiana Court Of Appeals, Judge: Altice , Filed On: October 11, 2023, Case #: 22A-CR-3022, Categories: Evidence, Battery, Child Victims