Every day, trial courts issue tens of thousands of orders. Most of these orders are “interlocutory” in nature and are made to help the case progress. It is only when an order disposes of all of the issues that it is a final order. There is generally an automatic right to appeal Indiana Court of Appeals. Appealing a final order is the topic of this blog post. Failure to appeal a “final” order will result in dismissal of the appeal. For instance, in a criminal case, a conviction is not a final order until the sentencing occurs. Thus, an appeal filed ...
October 12, 2017CD
Throughout the last several years, the concept of parenting coordination has been catching on in Indiana. Effectively, Parenting Coordinators (known as “PCs” in high conflict matters) help parties resolve disputes in real time so children do not miss events or time with the other parent. The only other viable option before parenting coordination was a contempt petition or other legal filing in court, which was heard after the fact. As of January 1, 2017, the Indiana Supreme Court officially recognized Parenting Coordination; it approved rules regarding appointment and terms of service. These build on the knowledge and benefits that Parenting Coordinators ...
September 22, 2017CD
Each year, thousands of protective orders are issued in cases involving certain domestic relationships. Some are tactical weapons to advance illicit objectives; most have merit. Protective orders may have profound implications for work and core civil liberties, such as the right to keep and bear arms. A proven violation can result in a fine, contempt of court charge, and criminal charge. While most of this is somewhat common knowledge now that the Indiana Civil Order Protection Act has been in force for a number of years, all laws are clearly evolving with the needs of the time. One question that is ...
August 17, 2017CD
With each appeal taken to the Indiana Court of Appeals (“Court”), the appellant (bringing the appeal) and appellee have the right to file a brief of about thirty pages with the Court. However, the appellant has the right to have the last say and file one last brief to the appellee’s brief. At a recent, appellate continuing education seminar, attorneys and practitioners had the ability to exchange ideas and tips for making “more appeal” to an appeal. This blog covers three unique points’ that practitioners and/or judges discussed during this event and dinner. Distillation of the key points. Because original briefs ...
May 23, 2017Adam Hayes
Indiana is fortunate to have an intermediate court, the Indiana Court of Appeals, where final judgments from Indiana’s trial courts may be taken as a matter of right for most of the tens of thousands of cases decided each year. This blog post focuses on the ways this Court may decide and rule on an appeal. In the broadest terms, there are two primary “options” the Court of Appeals may rule, labeled: “Affirmed” or “Reversed”. Affirming a trial court order agrees the trial court made a sound order that stands. Reversing a trial court order means the order is in some ...
March 20, 2017Adam Hayes
A controversial topic across the United States with divorced families or children born out of wedlock is: “Who pays for post-secondary education?” Post-secondary education is generally defined as education beyond high school. A recent national case in New Jersey brought this matter to the forefront. Here Caitlyn Ricci sued her parents for tuition at Temple University and lost that battle.1 This blog covers post-secondary education as a policy and as it applies in Indiana. In many states, the duty to pay any support for a child, including post-secondary education, ends at age 18 or when the child completes his or her senior ...
February 14, 2017Adam Hayes
The holidays are special times for most families, including those parents who have not married or have divorced: Special school events. Holiday parties. Family gatherings. All of this occurs with a lot of corresponding planning, from purchasing gifts to cooking meals. For parents who are not married, coordinating schedules can he a major source of conflict. This blog puts forth five important tips divorce attorneys use to help their clients avoid most conflict during the holidays: Know the Indiana Parenting Time Guidelines: The Indiana Supreme Court has adopted the Indiana Parenting Time Guidelines to set forth basics of holiday parenting time; ...
December 21, 2016Adam Hayes
In 2006, the General Assembly enacted a new statute addressing relocation of parents in the child custody provisions of the Divorce and Paternity Act. The relocation provisions required certain notice to be given to a non-relocating parent who may object. This was interpreted by the Indiana Supreme Court in 2008 in the Baxendale case.1 In general, Baxendale, directed a trial court may consider relocation as a part of the best interests factors and modify custody to the non-relocating parent. Since this statute and the Baxendale case decision, three key mistakes or concerns every parent in a relocation case should be aware ...
June 23, 2016Adam Hayes
In most cases, a trial ends with a judge or jury verdict for a party. In a small number of cases, the losing party wants to stop the judgment from being executed for a variety of reasons or change the order before an appeal. There are four different ways this may be accomplished, although all are relatively rare. The first, which is more focused on correcting the error in an order to avoid or limit an appeal, is a Motion to Correct Error. As a general rule, these are not required in cases and an appeal can directly proceed. However, often ...
May 12, 2016Adam Hayes
Mediation is the rule or expectation before any civil trial. In fact, the Indiana Supreme Court has ruled trial courts can order mediation prior to a trial, such a permissible pre-requisite trial. This is not an unconstitutional denial of access to courts because trial courts can always hear things on an emergency and waive this requirement that is a local rule in most counties. Statistically, most mediations resolve even complex civil cases, including highly contested divorce cases. To make the most of any mediation, there are several keys points to remember and embrace before and mostly during mediation. These are explored ...
April 21, 2016Adam Hayes