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Court of Appeals Criticizes Wholesale Adoption of Proposed Findings
Lawyer Blog Post | 2010/08/06 23:31
Today, the Indiana Court of Appeals criticized the practice of a trial court adopting a party‘s proposed findings as its own in Roberts v. Feitz, Case No. 71A04-0910-CV-581.

Roberts decides a property dispute between adjoining landowners. Its legal conclusions are relatively fact-specific and will not be discussed here. What litigators will want to take note of, however, is the Court's third footnote, which provides as follows:
  1. Be prepared to argue that a lower standard of review should apply on appeal if the trial court adopts the appellee's proposed findings of fact and conclusions of law as its own.
Brad A. Catlin
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Order Signed by Magistrate Can Be Final
Lawyer Blog Post | 2010/08/06 23:30
Today, the Indiana Court of Appeals issued a decision dealing with the consequences of a magistrate, rather than a judge, signing an order when the issue is not brought to the trial court's attention quickly in City of Indianapolis v. Hicks, Case No. 49A02-1002-CT-95.
  1. Lawyers are under a duty to regularly check the court's records.
  2. If a magistrate signs an order on a judge's signature line and the CCS entry indicates that the judge may have made a decision, bring this discrepancy to the Court's attention as soon as possible.
  3. A trial court has fairly broad authority to issue a nunc pro tunc order if a litigant can point to some clear evidence in the record supporting that order.
Brad A. Catlin
Learn more about Brad and contact us
Download a copy of this article here

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