The Court of Appeals applied Indiana’s constitutional discovery exception to revive claims against a pulmonologist but held claims against a family doctor untimely.
The Court of Appeals vacated a default judgment and held Indiana lacked personal jurisdiction over three Pennsylvania defendants whose alleged conduct was not purposefully directed to Indiana.
The Court of Appeals held an Illinois burglary conviction was broader than Indiana dwelling burglary and could not support Kelly’s serious-violent-felon firearm conviction.
The Indiana Court of Appeals held that a tax-sale owner who received the auction surplus could not seek additional compensation based on the property’s appraised value, and that the same valuation theory could not support an excessive-fines claim.
The Indiana Court of Appeals affirmed the termination of a mother’s parental rights but reversed the termination of a father’s rights as to his two biological children. The father complied fully with every ordered service, held a job, and maintained consistent visitation; his only obstacle was stable housing blocked by his criminal history. Because DCS never sought a waiver for a sister-in-law’s disqualified home despite a written policy allowing it, and never followed through on deposit assistance when the father found an apartment one week before the termination hearing, the court held that DCS failed to make reasonable efforts and that proceeding to terminate his rights violated due process.
The Indiana Court of Appeals affirmed summary judgment for state elevator-oversight agencies on all claims brought by an elevator company and its employees following years of regulatory disputes over permits, alteration orders, and reciprocal licensing. Key holdings: Indiana does not recognize a private right of action for monetary damages under the Indiana Constitution; a regulatory takings theory not pled in the complaint is waived; and ITCA immunity for discretionary licensing denials is not defeated by evidence of vindictiveness — degree of culpability is simply not a relevant consideration once immunity attaches.
The Indiana Court of Appeals reversed a dissolution decree’s property division because a contingent forced-sale provision—triggered if the husband could not refinance the mortgage—would have awarded the wife 96% of the marital estate, dramatically contradicting the trial court’s own finding that only a slight deviation from equal division was warranted.
The Indiana Court of Appeals affirmed a custody modification to Mother, holding that a GAL report filed electronically ten calendar days before a hearing was timely — the ten-day deadline runs on calendar days, not business days — and that Indiana’s new Trial Rule 7(D) requires continuance motions to include timing estimates or risk procedural denial.
The Indiana Court of Appeals affirms a murder conviction after three trials, holding that the defendant tacitly consented to the mistrial that triggered retrials by failing to object during an off-the-record chambers discussion—foreclosing his double jeopardy defense. The court also upholds a 70-year sentence and a consecutive firearm enhancement under Indiana Code section 35-50-2-11.