Fugate Gangstad Lowe LLC Fugate Gangstad Lowe LLC 2026-06-03T15:28:10Z https://www.fgllegal.com/feed/atom/ WordPress /wp-content/uploads/sites/1103557/2023/12/cropped-Site-icon-32x32.png by Fugate Gangstad Lowe LLC <![CDATA[How long does a breach of contract lawsuit take to resolve in Indiana?]]> https://www.fgllegal.com/?p=47665 2026-06-03T15:28:10Z 2026-06-03T15:28:10Z What is the realistic timeline for a contract dispute in Indiana? A straightforward breach of contract case that settles early can wrap up in roughly three to six months from the demand letter to a signed release. A case that proceeds through discovery and resolves at mediation or on summary judgment often takes twelve to eighteen months. A case that goes all the way to a contested trial, especially in a busy county docket, can run two years or longer before judgment, and longer still if either side appeals. These are ranges drawn from how Indiana civil litigation typically moves, not promises about any particular matter, because the facts, the court, and the other side all shape the actual pace. A recent dispute illustrates the long end of that range. A commercial property owner in Hamilton County sued a roofing manufacturer over leaks under a fifteen-year warranty, filing suit one day before the warranty expired. The case did not reach a bench trial until nearly four years after filing, the trial court's decision was appealed, and the Court of Appeals then sent the damages question back for yet another hearing. From filing to the appellate decision, the dispute consumed close to five years and still was not finished. That is not the typical case, but it is a real one, and it shows what a genuinely contested matter with a damages fight can become. The reason for the spread is that a lawsuit is a sequence of phases, each with its own clock. Some phases are governed by rule and move predictably. Others depend on the parties, the volume of documents, and how aggressively the dispute is contested. A vendor disagreement over a single invoice behaves very differently from a partnership breakup with years of commingled finances. Before you file anything, though, there is a set of deadlines that controls whether you can sue at all.

How long do you have to file, and does your contract even qualify?

Indiana sets generous filing windows for contract claims, but they are not unlimited, and missing them ends your case before it starts. For written contracts that are not for the payment of money, Indiana Code section 34-11-2-11 generally requires an action to be commenced within ten years after the cause of action accrues. For written contracts specifically for the payment of money, such as promissory notes and similar instruments, a six-year period applies under Indiana Code section 34-11-2-9. Oral agreements get less time; Indiana Code section 34-11-2-7 sets a six-year limit for contracts not in writing. Here is the wrinkle that trips people up. Which period governs is not always obvious, because many real-world agreements are a mix of obligations, some to pay money and some to do other things. Indiana courts have not drawn a bright line for every kind of service contract or purchase agreement, and they sometimes look to the substance of the agreement rather than the label on the claim. The practical takeaway is that you should not assume you have the full ten years, and you should not let a deadline question be the thing you guess at on your own. There is a second writing-related trap that has nothing to do with the limitations period. Under Indiana's statute of frauds, an agreement that cannot be performed within one year of being made generally must be in writing and signed by the party you are trying to hold to it. A central Indiana business owner learned this the hard way in a dispute over an HVAC system: he believed he had paid for a ten-year service and repair warranty, but there was no signed writing setting out its terms. The court held that because the alleged ten-year promise could not be performed within a year and was never put in writing, it could not be enforced at all, regardless of how sincerely he believed in it. A handshake or a verbal assurance may feel binding, but for longer-term commitments Indiana law often requires paper. We dig into that problem in our article on what happens when a handshake deal goes south, and we walk through the early decisions on a claim in our guide on handling a breach of contract claim against your business. Whatever the applicable deadline, you almost never want to push it. The clock generally starts on the date the breach occurs, and waiting erodes more than your legal options. Witnesses move on, memories fade, and the email thread that proves your case gets buried in an inbox nobody can access anymore. If you think you have a claim, the practical deadline is the one your evidence sets, not the one the statute sets. Acting while the record is fresh tends to shorten everything that follows.

What actually drives the timeline once you file?

The complaint is just the starting gun. After filing, the defendant must be served and given time to answer, which alone can eat the first month or two depending on how easy the other side is to locate and how cooperative they choose to be. Once the pleadings are set, the case enters discovery, and this is where most of the calendar disappears. Discovery is the formal exchange of documents, written questions, and sworn depositions, and its length scales directly with how much information is in dispute. A clean case built on one signed contract and a handful of invoices might need only a few months of discovery. A shareholder dispute involving years of accounting records, multiple custodians of email, and competing damages experts can take a year or more just to develop the facts. Several things tend to stretch the timeline, and it helps to know them going in:
  • The complexity of the contract and the breach. More terms, more transactions, and more money usually mean more to fight over and more to prove.
  • The number of parties. A dispute with a single counterparty moves faster than one pulling in subcontractors, guarantors, or multiple business partners.
  • The court's docket. A case in a heavily loaded county court may wait longer for hearings and a trial date than one in a less congested court.
  • How aggressively the other side litigates. A defendant who files motions, resists discovery, and seeks every available extension can add months without ever reaching the merits.
That last point deserves emphasis. Indiana's procedural rules build in firm response periods that shape the rhythm of a case. For example, when one party moves for summary judgment, the opposing party has thirty days after service of the motion to file a response and any opposing affidavits. Indiana treats that deadline strictly. The Indiana Supreme Court, in HomEq Servicing Corp. v. Baker, 883 N.E.2d 95 (Ind. 2008), adopted a bright-line rule barring trial courts from considering a late summary judgment response filed after the thirty-day window. Deadlines like this one give the process structure, but motion practice itself, briefing, hearings, and waiting for the court to rule, is one of the main reasons a contested case takes well over a year.

Why most Indiana contract cases settle before trial

Here is the part that should reframe how you think about the timeline. The two-year trial scenario is the exception, not the rule. The large majority of business contract disputes resolve before a judge or jury ever hears testimony. Indiana courts have discretionary authority under the state's alternative dispute resolution rules to order parties into mediation, and many do as a way of moving a case toward resolution. Mediation puts both sides in front of a neutral third party whose job is to help broker a deal, and a single well-prepared session can resolve a dispute that would otherwise consume another year of litigation. A case headed toward an eighteen-month trial can settle at a mediation scheduled for month eight or nine, and often does, because by that point both sides have seen enough of the evidence to make a sober calculation about risk and cost. This is why the strength of your position early matters so much to the timeline. The party with the cleaner contract, the better documentation, and the more credible damages number tends to settle faster and on better terms, because the other side can see where a trial would likely land. Investing in a tight case at the outset is often what shortens it. For a fuller picture of how these disputes unfold and what they cost to pursue, our overview of contract disputes between Indiana businesses covers the strategic choices in more depth, and our article on recoverable damages in a breach of contract lawsuit explains what is actually on the table when you do reach a resolution. The roofing dispute mentioned earlier shows how much the damages fight alone can drive the calendar. Even after the property owner won on liability, the parties kept litigating over how much was actually owed, and that single unresolved question sent the case back for another round of hearings years into the fight. A clear, well-documented damages number is not a detail to sort out later; it is often the difference between a case that ends and one that grinds on.

When should you call a lawyer about a contract dispute?

Not every disagreement needs a lawsuit, and some need one immediately. A few situations call for talking to an attorney sooner rather than later, because waiting narrows your options or runs down your evidence. Reach out promptly if the amount in dispute is large enough to matter to your balance sheet, generally in the range where the cost of litigation is justified by the recovery. Call if the other side has stopped communicating, has hinted at insolvency or is moving assets, or has retained its own counsel and started making legal arguments back at you. Call if your filing deadline is anywhere close, if you are relying on a promise that was never put in writing, or if the contract contains a notice or cure provision you need to satisfy correctly before you can sue. Pay attention, too, to where a dispute has to be resolved at all; some agreements contain arbitration or forum-selection clauses that send the fight to a particular county or to a private arbitrator instead of court, and overlooking one can derail a case before it starts. And call before you send an angry email or make a partial payment that could be read as waiving a right or admitting fault, because the early moves in a dispute often shape its resolution more than anything that happens later. If you want to understand the underlying legal framework first, our explainer on breach of contract in Indiana business deals is a useful starting point. The point of getting counsel involved early is not to rush you into court. Often it is the opposite. A clear-eyed look at your contract, your evidence, and the realistic range of outcomes can tell you whether a short demand-and-settle path is open to you or whether you are looking at the longer road. Either way, you make the decision with the full picture instead of guessing.

Plan for the timeline, then move with intention

A breach of contract lawsuit in Indiana is rarely as fast as you want or as slow as you fear. The cases that resolve quickly tend to share a few traits: a clean factual record, a motivated plaintiff who acted before evidence went stale, and a willingness to settle when a fair number is on the table. The cases that drag tend to involve genuine factual disputes, congested dockets, and a counterparty with reasons to delay. You cannot control all of it, but you can control how prepared you are when you start, and preparation is what bends the timeline in your favor. If a contract dispute is brewing for your business anywhere in central Indiana, our firm has handled these matters for owner-operated companies across Marion, Hamilton, and the surrounding counties, and we can help you weigh whether to pursue a claim, how long it is likely to take, and what it will take to resolve it well. Call us at 317-829-6797 or reach out through our contact page to talk through your situation. The sooner you understand your options, the more of them you tend to have. The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. For legal advice tailored to your situation, please contact our firm directly.]]> by Fugate Gangstad Lowe LLC <![CDATA[Motion to correct error vs notice of appeal in Indiana]]> https://www.fgllegal.com/?p=47663 2026-06-02T00:43:12Z 2026-06-02T00:37:56Z What does a motion to correct error actually do? A motion to correct error is something you file in the same trial court that just ruled against you. You are not going up to a higher court yet. You are going back to the same judge and saying, in effect, you got this wrong and here is specifically why, please fix it. The governing rule is Indiana Trial Rule 59, and it tells you both when this motion is available and when you are required to use it. Indiana Court Rules Here is the part that surprises most people. For most issues, a motion to correct error is optional. Under the rule, a motion to correct error is not a prerequisite for appeal, which means for the typical case you can skip it entirely and go straight to the Court of Appeals. All other issues and grounds for appeal that were properly preserved during trial can be raised for the first time in your appellate brief. So if your complaint is that the judge let in evidence that should have been excluded, or applied the wrong legal standard, you generally do not have to ask the trial judge to reconsider before you appeal. Indiana Court Rules There are narrow situations where the motion is mandatory. You must file a motion to correct error when you are raising newly discovered material evidence, including alleged jury misconduct, that could be produced within thirty days of final judgment and that you could not have discovered and produced at trial with reasonable diligence. You also must file one when your claim is that a jury verdict is excessive or inadequate. These are the kinds of problems that live outside the trial record, so the trial judge has to look at them first. If your appeal turns on one of these and you skip the motion, you can forfeit the issue. Indiana Court Rules The deadline is firm. A motion to correct error must be filed no later than thirty days after the entry of a final judgment is noted in the Chronological Case Summary. The Chronological Case Summary, or CCS, is the official running docket of your case, and that notation is what starts the clock. Not the day you found out. Not the day you got the letter. The day it hits the CCS. Indiana Court Rules

What does a notice of appeal do, and how is it different?

A notice of appeal is the document that actually starts your appeal in front of the higher court. It is governed by Indiana Appellate Rule 9, and filing it is the formal step that moves your case out of the trial court and into the Indiana Court of Appeals. A motion to correct error asks the trial judge to fix a mistake. A notice of appeal tells a different, higher set of judges that you want them to review what happened below. That is the core distinction, and it is why the two are not interchangeable even though they often come up in the same breath. Indiana Judicial Branch The notice of appeal runs on its own thirty-day clock, and this is where the relationship between the two documents gets people into trouble. A party starts an appeal by filing a notice of appeal within thirty days after the entry of a final judgment is noted in the Chronological Case Summary. But that deadline shifts if a motion to correct error is in the picture. If any party files a timely motion to correct error, the notice of appeal must instead be filed within thirty days after the court's ruling on that motion is noted in the Chronological Case Summary, or thirty days after the motion is deemed denied under Trial Rule 53.3, whichever happens first. Indiana Judicial Branch Read that twice, because the phrase "deemed denied" does a lot of quiet work. A motion to correct error does not always get a ruling. If the judge sits on it, the rules eventually treat it as denied by the passage of time alone, and your appeal clock starts running whether or not anyone tells you. You can be waiting on a ruling that, as far as the rules are concerned, already happened. This is the single most common way people blow an Indiana appeal deadline, and it is why the interaction between these two filings is not something to eyeball. Miss the notice of appeal deadline and the consequences are serious. The right to appeal can be forfeited, and while Indiana courts have some discretion to hear a late appeal in certain circumstances, you do not want your entire case riding on whether a court chooses to be forgiving. If you are weighing whether to challenge a ruling and want a fuller picture of what the process involves, our overview of how appeals work in Indiana walks through the steps in plainer terms.

When would you use one instead of the other?

For a lot of cases, the honest answer is that you go straight to the notice of appeal and never touch a motion to correct error. If your issues were preserved at trial and they live in the record, the motion adds a step without adding value, and it can eat up time you would rather spend on the appeal itself. You reach for the motion to correct error when the problem is one the trial judge has to address first, the newly discovered evidence and jury misconduct situations, or a claim that the verdict was excessive or inadequate. You might also consider it strategically when you genuinely believe the trial judge would correct an obvious mistake faster and cheaper than a full appeal would, though that is a judgment call that depends heavily on the facts and on the judge. It is also worth knowing that the two are not mutually exclusive in the way people assume. A party can file a motion to correct error, reconsider, and then file a notice of appeal before the thirty-day window closes, and it is not unusual for both documents to show up in the same case. One more point that trips people up - not every adverse ruling is even appealable yet. If the judge ruled against you on something but your case is still ongoing, you may be looking at an interlocutory order rather than a final judgment, which follows a different set of rules entirely. We cover that situation in our post on interlocutory appeals and how to appeal before your case is over. Figuring out whether you have a final judgment is the first question, because it determines which clock you are even on. Fugate Gangstad Lowe represents clients in Indiana appeals, including criminal appeals, civil appeals, family law appeals, commercial appeals, probate appeals, petitions to transfer to the Indiana Supreme Court, and other post-judgment matters. Anne Medlin Lowe handles the firm's appellate work and gives each case direct attorney attention from the first record review through final briefing and filing. A former judicial law clerk to Judge Paul D. Mathias of the Indiana Court of Appeals, Anne has worked on more than 150 appeals and brings a practical understanding of how appellate judges evaluate records, waiver, harmless error, standards of review, procedural issues, and written advocacy. A strong appeal starts long before the brief is written. Anne helps clients and trial counsel evaluate the record, identify appealable issues, avoid weak arguments that distract from stronger ones, and present the case in a way that is clear, accurate, and useful to the Court. To learn more about Anne, click here. If you are considering an appeal, contact us for a free initial consultation to help you understand your options.

How much time and money is involved either way?

Whichever document starts your challenge, the realistic timeline runs longer than most people expect. A motion to correct error adds weeks or a couple of months on the front end before the appeal even begins. The appeal itself usually takes a few months but can stretch to several months or more than a year depending on a bunch of different factors, including how long the transcript takes, how complex the issues are, and the court's own schedule. Cost varies with the size of the record and the difficulty of the issues. We break down the realistic numbers in our post on how long an appeal takes in Indiana and what it costs, and if you are still deciding who to call, our guide to finding the right appeals attorney in Indianapolis covers what to look for.

Frequently asked questions about a motion to correct error vs a notice of appeal

What is the difference between a motion to correct error and a notice of appeal in Indiana?

A motion to correct error is filed in the trial court asking the same judge to fix a mistake, while a notice of appeal is filed to start review in the Indiana Court of Appeals. They go to different courts and serve different purposes.

Do I have to file a motion to correct error before I appeal in Indiana?

Usually no. For most preserved issues it is optional, and you can raise them for the first time in your appellate brief. It is only required in narrow situations such as newly discovered evidence, alleged jury misconduct, or a claim that a jury verdict is excessive or inadequate.

How long do I have to file a notice of appeal in Indiana?

Generally thirty days after the entry of final judgment is noted in the Chronological Case Summary. If a timely motion to correct error is filed, the deadline shifts to thirty days after the ruling on that motion, or thirty days after it is deemed denied, whichever comes first.

What happens if the judge never rules on my motion to correct error?

Under Trial Rule 53.3, a motion to correct error can be deemed denied by the passage of time even without a ruling. When that happens, your appeal deadline can start running without anyone notifying you, which is a common way deadlines get missed.

Can I file both a motion to correct error and a notice of appeal?

Yes. A party can file a motion to correct error and later file a notice of appeal, sometimes after changing course, as long as it is done within the applicable deadline.

What happens if I miss the deadline to appeal in Indiana?

The right to appeal can be forfeited. Indiana courts have some discretion to hear a late appeal in limited circumstances, but missing the deadline puts your entire appeal at risk and should be avoided.

What to do next

If you are sorting out whether you need a motion to correct error or whether to go straight to a notice of appeal, the deadlines are already running, so this is not a decision to sit on. The right move depends on the specific issue you want to raise, whether you have a final judgment, and where you are in that thirty-day window. If you lost at trial or got an adverse ruling anywhere in central Indiana, including Marion, Hamilton, Boone, Hendricks, or Hancock County, we can review what happened and tell you which path actually fits your situation before a deadline forecloses it. Call Fugate Gangstad Lowe at 317-829-6797 or reach us through our contact form to talk through your options. The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. For legal advice tailored to your situation, please contact our firm directly.]]> by Fugate Gangstad Lowe LLC <![CDATA[Your business partner wants you out. Can you fight back?]]> https://www.fgllegal.com/?p=47645 2026-05-28T17:24:04Z 2026-05-28T17:24:04Z What does it actually mean when a partner tries to force you out? The phrase "forcing you out" covers a lot of ground. Sometimes it is blunt. Your partner tells you they want to buy you out at a number that feels insulting, or they hand you paperwork claiming you have been terminated as an officer or employee. Other times it is slower and sneakier. They stop inviting you to meetings, cut off your access to the books, move money around without telling you, hire their spouse or kid in a role that did not exist last month, or start paying themselves a bigger salary while your distributions mysteriously shrink. Lawyers sometimes call this second version a freeze out or a squeeze out. The goal is the same whether it is loud or quiet, which is to make staying so uncomfortable, so financially painful, or so humiliating that you give up and sell cheap. Recognizing what is happening is the first step, because a lot of owners spend months second-guessing themselves before they accept that this is not a misunderstanding. This kind of conduct matters particularly in closely held businesses where there is no public market for your ownership interest. If you own 30 percent of an LLC and your partner owns 70 percent, you cannot just go sell your membership units on an exchange somewhere. You are stuck with whatever value the business generates for you, which means if the majority owner cuts you off from that value, your ownership can become close to worthless on paper even if the company is thriving.

Start with your governing documents

Before you do anything else, find your operating agreement, shareholder agreement, partnership agreement, or bylaws. Whatever you have, read it carefully, and if you cannot find it, that itself is useful information. These documents are the rulebook for your business, and they almost always say something about how owners can be removed, how disputes get resolved, how buyouts work, and what happens if the owners cannot agree. Look for a few things in particular. Is there a buy-sell provision that sets a formula or process for valuing an owner's interest? Is there language about involuntary removal, and if so, what triggers it? Does the document require mediation or arbitration before anyone can sue? Are there voting thresholds for major decisions, and does your partner actually have the votes to do what they are threatening? You would be surprised how often a majority owner acts like they have unilateral power they do not actually have under their own company's documents. If you do not have a written agreement at all, Indiana's default statutes fill in the gaps. For LLCs, the Indiana Business Flexibility Act governs. For corporations, it is the Indiana Business Corporation Law. These default rules are rarely as favorable as a well-drafted agreement would be, but they still establish baseline rights and obligations among owners. A lot of disputes could be avoided on the front end with better documents, which is something we have written about in our piece on preventing disputes between partners in a small business, but if you are already in the middle of one, the focus shifts to using whatever you have.

What leverage do minority owners actually have in Indiana?

Minority owners in Indiana closely held businesses are not without leverage, even when the math on the ownership percentages looks bad. Majority owners and officers generally owe fiduciary duties in the business context, which at a high level means they cannot freely engage in self-dealing, divert company opportunities to themselves, or use company money as a personal checkbook. The precise scope of those duties depends on the type of entity and what your governing documents say, which is one of the reasons early legal advice matters so much. You also have rights to inspect company records. This is a big one that gets overlooked. Indiana law provides inspection rights for owners of both corporations and LLCs, allowing access to financial and other records relevant to your interest. If your partner is stonewalling you on information, that refusal is often itself a red flag, and enforcement of records rights is something an attorney can help you pursue. Depending on the facts, you may have claims for breach of contract, breach of fiduciary duty, or other wrongful conduct. In some circumstances, judicial dissolution of the company is also a remedy available under Indiana law, though it is an extreme one. The existence of these potential claims, combined with the cost and uncertainty of litigation for everyone involved, is often what drives a stubborn majority owner to actually negotiate.

Practical steps to take right now

If you think your partner is trying to push you out, the first thing is to stop reacting emotionally and start documenting. Save emails, texts, voicemails, financial statements, and anything else that shows what has been happening. Do not delete anything, do not wipe your work computer, and do not take any action that could later be characterized as sabotage. Keep going to work, keep doing your job, keep acting like an owner. Second, do not sign anything. Not a severance agreement, not a release, not a buyout at a lowball number, not a resignation letter. Once you sign, you have usually given up leverage you cannot get back. If your partner is pressuring you to sign fast, that urgency is almost always for their benefit, not yours. Third, get your financial picture together. Pull together what you know about the company's revenue, profits, assets, debts, and recent changes. You will need this to evaluate any offer and to understand what your interest is actually worth. A business that looks modest on its tax return can be worth real money when you factor in goodwill, customer relationships, equipment, and real estate. Fourth, talk to an attorney who handles these cases before you have a confrontation with your partner. A lot of owners try to negotiate their own exit, say things they cannot take back, or accept an offer that seems reasonable in the moment but turns out to be pennies on the dollar. We have written more about the dynamics of these fights in our post on handling business partner disputes in Indianapolis, and the through-line is that the owners who do best are the ones who get advice early.

How these cases typically get resolved

Most partner disputes in central Indiana do not end in a trial. They end in a negotiated buyout, either of you or of your partner, sometimes accompanied by noncompete provisions, releases, and transition arrangements. The question is usually not whether somebody is getting bought out but at what price and on what terms. Getting to a fair number usually requires a business valuation, and valuations can vary enormously depending on the methodology, the assumptions, and whether minority and marketability discounts are applied. If your partner's lawyer shows up with a valuation that heavily discounts your interest because you are a minority owner in a private company, that is a fight worth having, not a number to accept. Litigation is the backstop, not the goal. Filing suit in Marion, Hamilton, Hancock, or Boone County is sometimes the only way to get a majority owner to take a minority owner seriously, and sometimes the relief you need can only come from a judge. But most of the real work happens in negotiation and mediation, and the owners who come to those conversations with documentation, a valuation, and a clear legal theory get better outcomes than the ones who come in angry and unprepared.

Talk to a central Indiana business dispute attorney

If your partner is trying to push you out of a business you helped build in Indianapolis, Carmel, Fishers, Noblesville, or anywhere else in central Indiana, you have more options than you probably think. The window to protect yourself is widest at the beginning, before you have signed anything, said the wrong thing in an email, or let months of bad conduct calcify into the new normal. Our firm handles business owner disputes in Hamilton County and throughout central Indiana, and we know how these fights actually play out in the courts and conference rooms where they get decided. If you want to talk through your situation with somebody who will give you a straight answer about where you stand, call us at 317-829-6797 or reach out through our contact page. The first conversation is about figuring out what you have and what it is worth fighting for. The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. For legal advice tailored to your situation, please contact our firm directly.]]> by Fugate Gangstad Lowe LLC <![CDATA[Can a subcontractor put a lien on a property if the general contractor didn’t pay them?]]> https://www.fgllegal.com/?p=47643 2026-06-01T15:29:12Z 2026-05-16T01:21:28Z How a subcontractor gets the right to lien property in Indiana

Indiana's mechanic's lien statute is found at Indiana Code section 32-28-3, and it gives lien rights to a long list of people who provide labor or materials to improve real estate. Contractors, subcontractors, suppliers to prime or subcontractors, laborers, and equipment lessors are all eligible to file an Indiana mechanics lien if they are not paid for their work or materials. The subcontractor does not need a contract with the property owner to have lien rights. They only need to have furnished labor or materials that improved the real estate.

The reason for this rule, as old as it is, is that Indiana has long taken the position that the property itself stands behind the value of the work that went into it. The Indiana Supreme Court has described the historical purpose of mechanic's lien statutes as making a property owner an involuntary guarantor of payments for the reasonable value of improvements made to real estate by the labor or materials furnished. Whether you think that rule is fair probably depends on which chair you are sitting in, but it is the framework Indiana operates under, and it is the starting point for everything that follows.

There are several wrinkles that matter, and they cut in different directions. Indiana distinguishes between alteration or repair work on an existing owner-occupied single or double family dwelling and original construction of one, and the pre-lien notice rules are different for each.

For alteration or repair work on an owner-occupied single or double family home, anyone selling or furnishing labor or materials on credit must furnish a written notice to the occupying owner of the delivery or work and of the existence of lien rights not later than thirty days after the date of first delivery or labor performed. That notice is a condition precedent to acquiring a lien, and missing it eliminates lien rights before the dispute even begins.

For original construction of an owner-occupied single or double family dwelling intended for the owner's occupancy, the deadline is longer but the requirements are more involved. A party furnishing labor or materials on credit to a contractor, subcontractor, or anyone other than the owner must both furnish the owner with written notice of the delivery and the existence of lien rights, and file a copy of that notice in the recorder's office of the county — both within sixty days of the date of first delivery or labor performed. Furnishing the notice and filing it with the recorder are both conditions precedent to acquiring a lien. Miss either one, and lien rights are gone.

One additional protection worth knowing for buyers in new construction: a lien for material or labor in original construction does not attach to real estate purchased by an innocent purchaser for value without notice of a single or double family dwelling for the owner's occupancy, unless the notice of intention to hold a lien is recorded before the deed by which the purchaser takes title is recorded. In a central Indiana market with active new construction sales, that rule matters.

After the work is finished, the lien claimant still has to actually record the lien within a tight statutory window. A mechanic's lien for residential projects must be filed within sixty days of the last date labor or materials were furnished, and a mechanic's lien for nonresidential and other projects must be filed within ninety days from that same date. Those deadlines do not get extended. Blow the deadline, and the property cannot be liened, period.

What this looks like on the ground in central Indiana

Here is the scenario that plays out over and over in Indianapolis, Carmel, Fishers, and Noblesville. A homeowner hires a general contractor for a remodel or new build. The general subcontracts the drywall, the electrical, the HVAC, and the flooring. The homeowner pays the general on schedule, sometimes in full. Months later, one or more of those subcontractors records a lien on the property because the general either never paid them or paid them only in part. From the homeowner's perspective, this feels like being asked to pay twice for the same work, and that is a fair description of what a lien threat looks like in this situation. From the subcontractor's perspective, they delivered real labor and materials in good faith, the general took the owner's money without passing it through, and the lien is the only meaningful leverage they have left. From the general's perspective, there is often a real underlying dispute about scope, quality, change orders, or backcharges that has nothing to do with the owner but is now spilling onto the owner's title. Indiana's statute does not really care whose version of the story is more sympathetic. It cares whether the subcontractor followed the technical requirements. For the homeowner, the lien creates a cloud on title that will surface the next time the property is sold or refinanced. The owner generally has a few options: pay it off, negotiate a release, fight the lien if there is a defect in how it was filed, or wait to see whether the subcontractor follows through with a foreclosure suit. A recorded mechanic's lien generally has to be enforced by foreclosure within one year, although a property owner can shorten that window by serving a notice to foreclose, which then requires the lien claimant to file suit within thirty days or lose the lien. There are real defenses available. If a required pre-lien notice was missed on a residential job, the lien is not valid. If the lien was recorded outside the statutory window, the lien is not valid. The statutory contents of the recorded lien also have to be right, including the correct owner name and an adequate property description. Indiana law sets forth specific requirements that unpaid construction parties must follow in order to file a mechanics lien claim. Lien claimants who try to handle the filing without counsel often make mistakes that an experienced construction attorney can spot quickly. There is also a possible attorney's fees argument that runs to the owner's benefit in some circumstances. An owner of property can avoid liability for attorney fees by paying the general contractor the full amount due under the contract. That is one of the reasons careful documentation of payments to the general matters so much for owners. For the subcontractor, the lien is not the only tool available. Indiana also has what is called a personal liability notice. Under Indiana Code section 32-28-3-9, a qualifying subcontractor may serve a personal liability notice on the owner, placing the owner on notice of amounts due and unpaid for labor or materials furnished to the project, and personal liability notices have no firm filing deadline, which makes this an option for a subcontractor who failed to timely file a proper mechanic's lien. The notice forces the owner to hold back enough money from what they still owe the general to cover the subcontractor's claim, and if the owner pays the general anyway after getting the notice, the owner can become personally liable for that amount. From the homeowner's perspective, that is another reason not to release final payment to a general without first confirming the subs have been paid. From the subcontractor's perspective, it is a meaningful backup when the lien deadline has come and gone. For the general contractor, the best move is usually to head this off before it reaches the owner. Once a sub records a lien or sends a personal liability notice, the relationship with the owner is going to suffer regardless of how the underlying dispute resolves. Most generals who get into this kind of trouble in central Indiana would have been better off addressing the sub's complaint directly when it was still a phone call rather than waiting for it to become a recorded document at the county recorder's office.

What everyone should do once a lien is in the picture

If you are a property owner who just got hit with a lien, do not panic, but do not ignore it either. The lien sits on your title and can be foreclosed within the statutory window. Have a construction attorney look at the lien before you write any checks. There is a real chance it is defective, and even if it is not, there are strategies for resolving it that do not necessarily involve paying the full amount claimed. If you are a general contractor and a subcontractor is threatening to lien an owner's property, the worst thing you can do is stall. Dealing with the underlying payment dispute, even when you believe the sub is in the wrong, is almost always cheaper and faster than letting it escalate into a recorded lien and a three-way fight that includes your customer. We have written before about resolving construction disputes with a construction attorney in Indiana and about how to resolve a construction contract dispute, and both walk through options that do not require litigation. If you are a subcontractor who has not been paid, time matters more than anything else. The deadlines are short, the requirements are technical, and the difference between a valid lien and a worthless piece of paper often comes down to whether the pre-lien notice was handled correctly and whether the lien was recorded within the window. Beyond the lien itself, there may also be direct contract claims, and depending on what the contract with the general contractor says, arbitration or mediation may come into play before anyone gets to court. If litigation ends up being the right path, our post on construction litigation in central Indiana walks through what that actually looks like. There is a broader point worth making to anyone doing construction work in central Indiana, whether you are hiring it or performing it. The best time to think about getting paid, and about whether liens are going to enter the picture, is before the work starts. Clear contracts, lien waivers tied to payment, prompt invoicing, and an early conversation about who is paying whom and when are what keep small problems from turning into large ones. We have written about enforcing a construction contract in Indianapolis and about common mistakes small contractors make that lead to lawsuits, and the parties who avoid these disputes tend to be the ones who set up the front end of the job carefully.

Talk to a construction lawyer in central Indiana

Mechanic's liens are technical, the deadlines are unforgiving, and the stakes are real money for everyone involved. Whether you are a property owner staring at a lien on your home in Carmel, a general contractor trying to head off a problem in Fishers, or a subcontractor in Noblesville who is tired of being told the check is in the mail, the right move is to talk to a lawyer who handles construction disputes in Indiana every day. At Fugate Gangstad Lowe, we work with property owners, contractors, and subcontractors across central Indiana on exactly these issues, and we will give you a straight read on where you stand. Call us at 317-829-6797 or reach out through our contact form to talk through your situation. The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. For legal advice tailored to your situation, please contact our firm directly.]]> On Behalf of Fugate Gangstad Lowe LLC <![CDATA[What happens to your family home in a gray divorce?]]> https://www.fgllegal.com/?p=47641 2026-05-15T13:00:52Z 2026-05-15T13:00:52Z How the house may be divided In Indiana, the court follows a “one-pot” approach to marital property. The court may divide property that either spouse owned before marriage, acquired before final separation or obtained through joint efforts. State law also presumes that an equal division is fair, but a spouse can present evidence that a different split would be more reasonable. These financial and personal factors often influence what happens to the marital residence during property division. Common outcomes often include:
  • The house may be sold: You and your spouse may place the property on the market and divide the remaining equity after the sale. That option often gives both of you more flexibility for retirement planning or future housing needs.
  • One spouse usually keeps the home: You might want to stay because the residence feels familiar. Moving later in life can also feel disruptive. In most cases, the spouse who keeps the property compensates the other spouse through savings or other marital assets.
  • A home sale can happen later: You may keep shared ownership for a set period before selling. That arrangement sometimes arises when health concerns or financial strain make an immediate sale less practical.
Each option can affect retirement income, housing stability and long-term financial planning in different ways.

Planning for the next chapter

Gray divorce often changes housing and expectations for later life. The marital residence can become one of the most important parts of that transition. Additionally, decisions involving the family home may also influence your financial stability during retirement. Since your home may affect other divorce matters, such as retirement assets and debt division, it is important to understand how equity and long-term costs may affect the final property division outcome. Legal guidance can also help you review property division terms and retirement-related financial issues before you agree to lasting terms.]]> by Fugate Gangstad Lowe LLC <![CDATA[You won your case, but they appealed: now what?]]> https://www.fgllegal.com/?p=47637 2026-05-14T21:09:19Z 2026-05-14T21:09:19Z The appeal doesn't put everything on hold automatically One of the first things people want to know when the other side appeals is whether the trial court's ruling still stands while the appeal is pending. Filing a Notice of Appeal does not automatically stop an order or judgment from being enforced. So if you won a money judgment, or the court entered a custody order in your favor, or a property division went your way, that ruling is generally still in effect while the appeal works its way through the system. That said, the trial court, the administrative agency, or the appellate court can issue an order staying enforcement during the appeal. The other side may ask for a stay, and whether the trial court grants it is completely discretionary. In money judgment cases, the appellant may be required to post a bond to get a stay, which is meant to protect you from the risk that they won't be able to pay if they lose the appeal. In other kinds of cases, whether a stay gets granted depends on the specific facts and what's at stake. An appellate attorney can help you oppose a stay request if keeping the trial court's order in place matters to you, and in many cases it matters a lot.

What actually happens during the appeal

The appellate process in Indiana is almost entirely paper-based, and understanding what happens at each stage can go a long way toward keeping your stress level manageable. After the Notice of Appeal is filed, the trial court clerk assembles the record and the court reporter prepares any transcripts. This is the raw material the Court of Appeals will use to evaluate the case. Both parties then have the opportunity to submit briefs, which are written arguments explaining why the trial court did or did not make an error. The appellant goes first, filing a brief that lays out the arguments for why the trial court's decision should be reversed. After the appellant's brief is served, the appellee has 30 days to file a response defending the trial court's ruling. The appellant can then file a reply brief within 15 days addressing points raised in the appellee's response. Ciyoulaw In some cases the court will schedule oral argument, where attorneys for both sides present their positions to the panel and answer questions from the judges. But in many appeals, the case is decided entirely on the written briefs. A panel of three judges reviews the briefs and the record, deliberates, and issues a written opinion. The process usually takes at least six months from the time all briefs are filed. We've written a more detailed breakdown of how long an Indiana appeal takes and what it costs in a separate post.

Why the appellee's brief matters more than you might think

A lot of people assume that if they won at trial, the appeal is the other side's problem to deal with. There's some truth to that in the sense that the appellant has the burden of showing the trial court made an error worth correcting. But that doesn't mean you can sit back and let the process take its course without any involvement. The appellee's brief is your opportunity to tell the Court of Appeals why the trial court got it right. You're defending a favorable ruling, but you still have to do it persuasively. The appellate judges aren't in the courtroom watching witnesses testify or reading your body language while you explain what happened. They're reading the written record, and the way that record gets framed in the briefs makes a real difference in how the case looks to the panel. A strong appellee's brief does a few things well. It addresses the appellant's arguments head-on rather than hoping the court will just dismiss them. It points the court to the evidence in the record that supports the trial court's decision. It reminds the court of the applicable standard of review, which in many cases is quite deferential to the trial judge. And when there are additional reasons the trial court's decision should be upheld that the appellant hasn't addressed, the appellee's brief raises those too. There's another option worth knowing about as well. Under Indiana's appellate rules, an appellee can cross-appeal without filing a separate Notice of Appeal by raising cross-appeal issues in the appellee's brief. This matters when the trial court's ruling was mostly in your favor but included some parts you disagree with. If the other side opened the door by filing an appeal, you may be able to use that same proceeding to ask the Court of Appeals to fix the pieces that didn't go your way. Whether a cross-appeal makes sense depends entirely on the specifics of your case, and it's the kind of strategic decision that benefits from a conversation with an appellate lawyer early in the process. If you want a better understanding of how appeals work generally in Indiana, including what standards the Court of Appeals applies when reviewing a trial court's decision, we've covered that here.

Your trial lawyer may not be the right person for this

Your trial attorney did the hard work of getting you the win at trial, and that matters. But the appeal is a different kind of fight, and it calls for a different skill set. Trial lawyers present evidence, examine witnesses, and argue to juries or judges in real time. Appellate lawyers analyze trial records, research legal issues, and write the kind of focused, structured briefs that appellate judges are looking for. The rules are different, the audience is different, and the strategies that work at trial don't always translate. A lot of trial attorneys understand this and are upfront about it. Many of the appellee-side cases that come into our firm arrive as referrals from trial lawyers who know their client needs someone focused on appellate advocacy to protect the result they worked hard to get. Finding the right appellate attorney isn't just important when you're trying to overturn a ruling. It's just as important when you're trying to keep one.

Don't take your win for granted

If someone has appealed a ruling that went in your favor in Indianapolis, Fishers, Carmel, Noblesville, or anywhere else in Indiana, the worst thing you can do is assume the appeal will take care of itself. The system gives appellees real advantages, including favorable standards of review and the presumption that the trial court's decision was correct, but those advantages only matter if someone is making the arguments that put them to work. Fugate Gangstad Lowe's Anne Lowe handles civil, criminal, and family law appeals across Indiana, including representing appellees defending favorable trial court rulings. Call 317-829-6797 or reach out through our contact form to schedule a free initial consultation.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. For legal advice tailored to your situation, please contact our firm directly.]]> by Fugate Gangstad Lowe LLC <![CDATA[Lost your criminal trial in Indiana? Here’s what to do next.]]> https://www.fgllegal.com/?p=47635 2026-05-08T19:39:44Z 2026-05-08T19:39:44Z Lost your criminal trial in Indiana? Here's what to do next. Losing a criminal trial is one of the worst days of a person's life. The verdict comes in, the courtroom feels small, and suddenly the question is no longer whether the State can prove its case. The question is what happens now. If you lost a criminal trial in Indiana, you have rights that did not disappear when the gavel fell, and you have a short window to use them. The most important thing to understand right now is that you do not have unlimited time to figure this out. The clock started the moment the judgment was entered, and Indiana law gives you a tight window to take the first formal step. This post walks through what comes next after a guilty verdict in Indiana, what an appeal actually is (and is not), the deadlines you cannot miss, and how to think clearly about your options when everything feels urgent.

The 30-day deadline you cannot miss

Under Indiana Appellate Rule 9, a Notice of Appeal must be filed with the Clerk within thirty days after the entry of a Final Judgment is noted in the Chronological Case Summary. In a criminal case, that usually means thirty days from sentencing. Miss that deadline and you can lose your right to a direct appeal entirely. There is one common wrinkle worth knowing about. If a timely motion to correct error is filed, the thirty-day deadline generally shifts so that it runs from the date the motion is denied or deemed denied. That is a procedural detail that matters for calendaring purposes, and it is one of the reasons you want a lawyer who handles appeals looking at your case promptly rather than guessing at dates. This is why we wrote a whole post about why you should not wait to talk to an appellate lawyer. The trial lawyer who handled your case may or may not handle appeals, and even if they do, the strategic clock is already running, because transcripts have to be ordered, the record has to be assembled, and an appellate attorney needs time to review what happened at trial and identify what can actually be raised on appeal. Thirty days goes faster than people expect, especially with the holidays, family obligations, and the weight of everything else that follows a conviction.

What an appeal actually is, and what it is not

An appeal is not a do-over. The Court of Appeals of Indiana does not retry your case. There is no new jury, no new witnesses, and no new evidence presented to the appellate judges. Instead, a panel of appellate judges reads the trial record, reads the briefs filed by both sides, and decides whether the trial court made a legal error serious enough to require reversal or a new trial. That distinction matters because it shapes everything about appellate strategy. If you walked out of court convinced that a witness lied, that the jury got it wrong, or that the prosecutor was unfair, those feelings are valid, but they are not, by themselves, grounds for appeal. The appellate court is not in the business of reweighing evidence or second-guessing credibility calls. Appellate courts generally only consider issues that were preserved at the trial level, and new arguments or evidence introduced for the first time on appeal are usually not available. What appellate courts do look for are legal errors. Did the trial court let in evidence it should have kept out? Did it keep out evidence it should have allowed? Were the jury instructions wrong? Was the sentence outside what the statute permits? Was there enough evidence, as a matter of law, to support the conviction at all? These are the kinds of questions an appellate brief is built around. Our overview of how appeals work with an appeals attorney in Indiana goes deeper into the mechanics.

Common grounds for appeal in an Indiana criminal case

Every case is different, and the grounds for appeal depend entirely on what happened at your trial. That said, certain issues come up repeatedly in Indiana criminal appeals. Evidentiary rulings are a frequent battleground. If the judge admitted a statement, a piece of physical evidence, or testimony that should have been excluded under the rules of evidence, and that ruling affected the outcome, that can be a viable issue. The same is true in reverse, where defense evidence was wrongly kept out. Sentencing is its own category. The Indiana Rules of Appellate Procedure give defendants the right to challenge a sentence as inappropriate in light of the nature of the offense and the character of the offender, and the appellate court has authority to revise it. Sentencing errors also include the trial court relying on improper aggravators, ignoring valid mitigators, or imposing something the statute does not authorize. Sufficiency of the evidence is a harder argument but a real one. The appellate court does not reweigh the evidence or judge the credibility of witnesses. It looks at the evidence in the light most favorable to the verdict and asks whether there is substantial evidence of probative value supporting each element of the offense. Where the State's proof on a specific element was thin, this argument has teeth. Jury instructions, prosecutorial misconduct, and constitutional violations round out the most common categories. Ineffective assistance of counsel is also a recognized basis for relief, though that claim is most often raised through post-conviction relief rather than direct appeal. The threshold question for almost all of these is whether the issue was preserved. If your trial lawyer objected at the right moment and made a clear record, the appellate court reviews it on the merits. If not, you are usually left arguing fundamental error, which is a much higher bar. A good appellate lawyer will read the transcript carefully and tell you which issues are real and which are not. Our post on navigating a criminal appeal in Indiana covers this in more detail.

Direct appeal versus post-conviction relief

Indiana gives convicted defendants two main paths to challenge a conviction, and they serve different purposes. A direct appeal is what most people think of when they hear the word "appeal." It is filed within thirty days of the judgment, it is based on the existing trial record, and it argues that the trial court made errors of law. This is the path for things the trial judge did or did not do, the evidentiary rulings, the sentencing, the sufficiency challenges. Post-conviction relief is a separate proceeding filed after the criminal case is final. It is the vehicle for issues that depend on evidence outside the trial record, the most common being ineffective assistance of counsel, where you are arguing that your trial lawyer's performance was constitutionally deficient and that it changed the outcome. Newly discovered evidence and certain constitutional claims also belong here. The two paths are connected in important ways. Issues that were raised and decided on direct appeal generally cannot be relitigated in post-conviction relief, and issues that could have been raised on direct appeal but were not are generally treated as waived. That is why the choices you make in the first thirty days after a conviction matter so much. They shape what is available to you later. If you are dealing with a misdemeanor rather than a felony, our post on appealing a misdemeanor conviction walks through the same framework at the misdemeanor level.

How long it takes and what it costs

There is no honest way to give a fixed answer to either question, but there are realistic ranges. Most Indiana criminal appeals take a few months, although they can run anywhere from several months to more than a year depending on a number of factors, including the length of the trial transcript, whether either side requests extensions, and the court's docket. If the case goes on to a petition to transfer to the Indiana Supreme Court, add more time on top of that. Cost depends on the complexity of the case, the length of the record, and the issues involved. A short bench trial appeal is not the same animal as a multi-week jury trial with hundreds of exhibits. We break this down in more detail in our post on how long an appeal takes in Indiana and what it costs, but the right answer for any specific case comes from a real conversation with an appellate lawyer who has read the basic facts. One practical point worth knowing: filing a Notice of Appeal does not automatically pause your sentence. If you want to seek a stay or release pending appeal, that is a separate motion with its own standards, and it should be raised early.

Frequently asked questions about appealing a criminal conviction in Indiana

How long do I have to appeal a criminal conviction in Indiana? Thirty days from the entry of the final judgment in the Chronological Case Summary, which in most criminal cases means thirty days from sentencing. If a timely motion to correct error is filed, the deadline generally becomes thirty days after that motion is denied or deemed denied. Can I appeal if my lawyer didn't object at trial? Sometimes, but it is harder. Indiana appellate courts generally only review issues that were preserved through a proper objection at trial. Unpreserved issues are reviewed under a fundamental error standard, which is a much higher bar. Failures by trial counsel are usually addressed in a post-conviction relief proceeding rather than on direct appeal. Do I stay out of jail while my appeal is pending? Not automatically. Filing a Notice of Appeal does not stay your sentence. To remain out of custody during the appeal, you would need to seek a stay or appellate bond, which is a separate request with its own legal standards. Can I get a new lawyer for my criminal appeal? Yes. You are not required to use the same lawyer who handled your trial. Many people hire a separate appellate attorney because appellate work is a different discipline from trial work. Our post on finding the right appeals attorney in Indianapolis walks through what to look for. What are my chances of winning a criminal appeal in Indiana? Most criminal appeals do not result in reversal. Appellate courts give significant deference to trial court rulings, and the standards of review are designed to make reversal the exception. Cases with strong preserved issues, clear legal errors, or sentencing problems can and do succeed, but the only way to know whether yours is one of them is to have an appellate lawyer read the record. Can I appeal just the sentence and not the conviction? Yes. Indiana law allows a defendant to appeal the sentence on the ground that it is inappropriate in light of the nature of the offense and the character of the offender, separate from challenging the underlying conviction. What's the difference between a direct appeal and post-conviction relief? A direct appeal challenges the trial court's rulings based on the existing record and is filed within thirty days of judgment. Post-conviction relief is a separate proceeding filed afterward, used for claims that require evidence outside the trial record, such as ineffective assistance of counsel or newly discovered evidence. How much does a criminal appeal cost in Indiana? It depends on the complexity of the case, the length of the trial record, and the issues raised. There is also a Clerk's filing fee. The most reliable way to get a real number is a consultation with an appellate lawyer who can review the basics of your case. Talk to an Indiana appellate attorney before the clock runs out If you or someone you love just lost a criminal trial in Indiana, the next thirty days matter more than the next thirty months. The team at Fugate Gangstad Lowe handles criminal appeals throughout central Indiana, including Indianapolis, Fishers, Carmel, Noblesville, and the surrounding Hamilton County and Marion County area. We will review what happened at trial, give you a straight answer about whether an appeal makes sense, and if it does, we will get to work fast. Call us at 317-829-6797 or reach out through our contact form to set up a consultation. You can also learn more about our appellate practice before you call. The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. For legal advice tailored to your situation, please contact our firm directly.]]> by Fugate Gangstad Lowe LLC <![CDATA[Lost your criminal trial in Indiana? Here’s what to do next.]]> https://www.fgllegal.com/?p=47633 2026-05-04T20:36:54Z 2026-05-04T20:36:54Z Lost your criminal trial in Indiana? Here's what to do next. Losing a criminal trial is one of the worst days of a person's life. The verdict comes in, the courtroom feels small, and suddenly the question is no longer whether the State can prove its case. The question is what happens now. If you lost a criminal trial in Indiana, you have rights that did not disappear when the gavel fell, and you have a short window to use them. The most important thing to understand right now is that you do not have unlimited time to figure this out. The clock started the moment the judgment was entered, and Indiana law gives you a tight window to take the first formal step. This post walks through what comes next after a guilty verdict in Indiana, what an appeal actually is (and is not), the deadlines you cannot miss, and how to think clearly about your options when everything feels urgent. The 30-day deadline you cannot miss Under Indiana Appellate Rule 9, a Notice of Appeal must be filed with the Clerk within thirty days after the entry of a Final Judgment is noted in the Chronological Case Summary. In a criminal case, that usually means thirty days from sentencing. Miss that deadline and you can lose your right to a direct appeal entirely. There is one common wrinkle worth knowing about. If a timely motion to correct error is filed, the thirty-day deadline generally shifts so that it runs from the date the motion is denied or deemed denied. That is a procedural detail that matters for calendaring purposes, and it is one of the reasons you want a lawyer who handles appeals looking at your case promptly rather than guessing at dates. This is why we wrote a whole post about why you should not wait to talk to an appellate lawyer. The trial lawyer who handled your case may or may not handle appeals, and even if they do, the strategic clock is already running, because transcripts have to be ordered, the record has to be assembled, and an appellate attorney needs time to review what happened at trial and identify what can actually be raised on appeal. Thirty days goes faster than people expect, especially with the holidays, family obligations, and the weight of everything else that follows a conviction. What an appeal actually is, and what it is not An appeal is not a do-over. The Court of Appeals of Indiana does not retry your case. There is no new jury, no new witnesses, and no new evidence presented to the appellate judges. Instead, a panel of appellate judges reads the trial record, reads the briefs filed by both sides, and decides whether the trial court made a legal error serious enough to require reversal or a new trial. That distinction matters because it shapes everything about appellate strategy. If you walked out of court convinced that a witness lied, that the jury got it wrong, or that the prosecutor was unfair, those feelings are valid, but they are not, by themselves, grounds for appeal. The appellate court is not in the business of reweighing evidence or second-guessing credibility calls. Appellate courts generally only consider issues that were preserved at the trial level, and new arguments or evidence introduced for the first time on appeal are usually not available. What appellate courts do look for are legal errors. Did the trial court let in evidence it should have kept out? Did it keep out evidence it should have allowed? Were the jury instructions wrong? Was the sentence outside what the statute permits? Was there enough evidence, as a matter of law, to support the conviction at all? These are the kinds of questions an appellate brief is built around. Our overview of how appeals work with an appeals attorney in Indiana goes deeper into the mechanics. Common grounds for appeal in an Indiana criminal case Every case is different, and the grounds for appeal depend entirely on what happened at your trial. That said, certain issues come up repeatedly in Indiana criminal appeals. Evidentiary rulings are a frequent battleground. If the judge admitted a statement, a piece of physical evidence, or testimony that should have been excluded under the rules of evidence, and that ruling affected the outcome, that can be a viable issue. The same is true in reverse, where defense evidence was wrongly kept out. Sentencing is its own category. The Indiana Rules of Appellate Procedure give defendants the right to challenge a sentence as inappropriate in light of the nature of the offense and the character of the offender, and the appellate court has authority to revise it. Sentencing errors also include the trial court relying on improper aggravators, ignoring valid mitigators, or imposing something the statute does not authorize. Sufficiency of the evidence is a harder argument but a real one. The appellate court does not reweigh the evidence or judge the credibility of witnesses. It looks at the evidence in the light most favorable to the verdict and asks whether there is substantial evidence of probative value supporting each element of the offense. Where the State's proof on a specific element was thin, this argument has teeth. Jury instructions, prosecutorial misconduct, and constitutional violations round out the most common categories. Ineffective assistance of counsel is also a recognized basis for relief, though that claim is most often raised through post-conviction relief rather than direct appeal. The threshold question for almost all of these is whether the issue was preserved. If your trial lawyer objected at the right moment and made a clear record, the appellate court reviews it on the merits. If not, you are usually left arguing fundamental error, which is a much higher bar. A good appellate lawyer will read the transcript carefully and tell you which issues are real and which are not. Our post on navigating a criminal appeal in Indiana covers this in more detail. Direct appeal versus post-conviction relief Indiana gives convicted defendants two main paths to challenge a conviction, and they serve different purposes. A direct appeal is what most people think of when they hear the word "appeal." It is filed within thirty days of the judgment, it is based on the existing trial record, and it argues that the trial court made errors of law. This is the path for things the trial judge did or did not do, the evidentiary rulings, the sentencing, the sufficiency challenges. Post-conviction relief is a separate proceeding filed after the criminal case is final. It is the vehicle for issues that depend on evidence outside the trial record, the most common being ineffective assistance of counsel, where you are arguing that your trial lawyer's performance was constitutionally deficient and that it changed the outcome. Newly discovered evidence and certain constitutional claims also belong here. The two paths are connected in important ways. Issues that were raised and decided on direct appeal generally cannot be relitigated in post-conviction relief, and issues that could have been raised on direct appeal but were not are generally treated as waived. That is why the choices you make in the first thirty days after a conviction matter so much. They shape what is available to you later. If you are dealing with a misdemeanor rather than a felony, our post on appealing a misdemeanor conviction walks through the same framework at the misdemeanor level. How long it takes and what it costs There is no honest way to give a fixed answer to either question, but there are realistic ranges. Most Indiana criminal appeals take a few months, although they can run anywhere from several months to more than a year depending on a number of factors, including the length of the trial transcript, whether either side requests extensions, and the court's docket. If the case goes on to a petition to transfer to the Indiana Supreme Court, add more time on top of that. Cost depends on the complexity of the case, the length of the record, and the issues involved. A short bench trial appeal is not the same animal as a multi-week jury trial with hundreds of exhibits. We break this down in more detail in our post on how long an appeal takes in Indiana and what it costs, but the right answer for any specific case comes from a real conversation with an appellate lawyer who has read the basic facts. One practical point worth knowing: filing a Notice of Appeal does not automatically pause your sentence. If you want to seek a stay or release pending appeal, that is a separate motion with its own standards, and it should be raised early. What to do this week If you lost a criminal trial in Indianapolis, Fishers, Carmel, Noblesville, or anywhere else in central Indiana, here is the practical sequence. Get a copy of the sentencing order and confirm the date the judgment was entered on the Chronological Case Summary. Write that date down, count thirty days forward, and put that deadline somewhere you cannot ignore. Then call an appellate lawyer this week, not next month and not after the holidays. A consultation with an appellate attorney does not commit you to filing an appeal. It gives you a real read on whether you have viable issues, what the process looks like in your specific case, and what the realistic outcomes are. Even if the answer is that an appeal is a long shot, you deserve to hear that from someone who actually evaluated your case rather than guess. Frequently asked questions about appealing a criminal conviction in Indiana How long do I have to appeal a criminal conviction in Indiana? Thirty days from the entry of the final judgment in the Chronological Case Summary, which in most criminal cases means thirty days from sentencing. If a timely motion to correct error is filed, the deadline generally becomes thirty days after that motion is denied or deemed denied. Can I appeal if my lawyer didn't object at trial? Sometimes, but it is harder. Indiana appellate courts generally only review issues that were preserved through a proper objection at trial. Unpreserved issues are reviewed under a fundamental error standard, which is a much higher bar. Failures by trial counsel are usually addressed in a post-conviction relief proceeding rather than on direct appeal. Do I stay out of jail while my appeal is pending? Not automatically. Filing a Notice of Appeal does not stay your sentence. To remain out of custody during the appeal, you would need to seek a stay or appellate bond, which is a separate request with its own legal standards. Can I get a new lawyer for my criminal appeal? Yes. You are not required to use the same lawyer who handled your trial. Many people hire a separate appellate attorney because appellate work is a different discipline from trial work. Our post on finding the right appeals attorney in Indianapolis walks through what to look for. What are my chances of winning a criminal appeal in Indiana? Most criminal appeals do not result in reversal. Appellate courts give significant deference to trial court rulings, and the standards of review are designed to make reversal the exception. Cases with strong preserved issues, clear legal errors, or sentencing problems can and do succeed, but the only way to know whether yours is one of them is to have an appellate lawyer read the record. Can I appeal just the sentence and not the conviction? Yes. Indiana law allows a defendant to appeal the sentence on the ground that it is inappropriate in light of the nature of the offense and the character of the offender, separate from challenging the underlying conviction. What's the difference between a direct appeal and post-conviction relief? A direct appeal challenges the trial court's rulings based on the existing record and is filed within thirty days of judgment. Post-conviction relief is a separate proceeding filed afterward, used for claims that require evidence outside the trial record, such as ineffective assistance of counsel or newly discovered evidence. How much does a criminal appeal cost in Indiana? It depends on the complexity of the case, the length of the trial record, and the issues raised. There is also a Clerk's filing fee. The most reliable way to get a real number is a consultation with an appellate lawyer who can review the basics of your case. Talk to an Indiana appellate attorney before the clock runs out If you or someone you love just lost a criminal trial in Indiana, the next thirty days matter more than the next thirty months. The team at Fugate Gangstad Lowe handles criminal appeals throughout central Indiana, including Indianapolis, Fishers, Carmel, Noblesville, and the surrounding Hamilton County and Marion County area. We will review what happened at trial, give you a straight answer about whether an appeal makes sense, and if it does, we will get to work fast. Call us at 317-829-6797 or reach out through our contact form to set up a consultation. You can also learn more about our appellate practice before you call. The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. For legal advice tailored to your situation, please contact our firm directly.]]> by Fugate Gangstad Lowe LLC <![CDATA[Why your trial lawyer might not be your appellate lawyer]]> https://www.fgllegal.com/?p=47631 2026-04-30T18:07:49Z 2026-04-30T18:07:49Z What an appeal actually is, and what it is not A lot of people think an appeal is a do-over. It is not. The Indiana Court of Appeals is not going to retry your case, hear from witnesses again, look at new evidence, or reweigh what the trial judge already considered. Appellate courts review the existing trial court record, looking for legal errors, and they do not determine new facts, which is why there is no testimony or new evidence on appeal. Your appellate lawyer is working from a frozen record, which means the transcripts, the exhibits, the rulings, and the filings that already exist. Whatever happened at trial is what they have to work with. That changes the entire nature of the work. A trial lawyer is building a record. An appellate lawyer is reading one, sometimes thousands of pages of it, looking for the legal mistakes that might have changed the outcome. A strong argument on appeal hinges on identifying specific reversible errors and presenting them clearly and persuasively to a panel of judges. The job is closer to that of a writer and a researcher than a courtroom performer, and most of what determines whether you win or lose happens on paper. If you want a deeper walkthrough of how the appeals process unfolds in Indiana, we have written about it here. Why a fresh set of eyes matters This is the part most people do not think about until they have lived through it. Your trial lawyer has spent months, sometimes years, inside your case. They know the witnesses, they have a theory of what happened, and they have invested real emotional energy in the version of the story they told the judge or jury. That investment is exactly what you wanted from them at trial. On appeal, it can quietly work against you. An appellate lawyer coming in fresh reads the record without any of that baggage. They are not defending the trial strategy because it was not their strategy. They are not assuming an issue was a loser because the trial judge said so. They are reading the transcript the same way the appellate judges will read it, which is the only perspective that matters at this stage. Sometimes the strongest appellate argument is one the trial team never saw, or chose not to push, because they were focused on winning in front of a jury rather than positioning the case for review by three judges in Indianapolis. The work itself is different Trial work happens out loud. Appellate work happens on the page. Unlike a trial, where oral testimony and live argument take center stage, an appeal is won or lost primarily on the written word, and the appellate brief is the primary document where the argument is laid out. The brief has to identify the issues, frame them persuasively, walk three judges through a record they were not part of, and convince them that something went wrong below that requires a reversal or a new trial. None of that is easy, and none of it overlaps much with what makes a great closing argument. There is also the matter of preservation, which is a quiet killer of appeals. Preservation of error means objecting, raising issues, and making arguments during the trial that are reported and included in the record that the appellate court will later review, and failure to preserve will almost always result in waiver of those legal arguments on appeal. Your appellate lawyer is the one who has to figure out what was preserved, what was not, and how to build the strongest possible argument with what is actually available. That kind of cold analysis of the record is a skill set that develops over years of doing appellate work. There is a procedural reality on top of all of this. Indiana has its own set of procedural rules that apply only to appeals, with specific requirements on briefs, deadlines, and what goes into the record. The deadlines are short and they are unforgiving, which is exactly why we have written before about the 30-day rule for contacting an appellate lawyer. If you are reading this and your final judgment was entered recently, do not wait. Should you bring an appellate lawyer in earlier? You can, and in some cases you probably should. A lot of clients in Indianapolis, Carmel, Fishers, and Noblesville assume appellate lawyers only show up after a loss, but that is not how it has to work. Bringing an appellate attorney into a case before or during trial, especially a high-stakes one, can make a real difference in what is preserved on the record. The appellate lawyer can flag issues the trial team might not be focused on in the heat of the moment, help with motion practice, and make sure the trial lawyer is not unintentionally giving up arguments that would matter later. This is not about second-guessing your trial lawyer. It is about giving your case the best chance, both at trial and after, by having two different perspectives on it. Good trial lawyers and good appellate lawyers tend to work well together when the goal is to actually win, because each respects what the other does. What this means if you are facing an appeal in central Indiana If you are sitting with a final judgment from a trial court in Marion, Hamilton, Hancock, or any of the surrounding counties, and you are weighing whether to appeal, the most important thing you can do is talk to a lawyer who actually does appeals for a living. Not a friend who handled your trial, not the lawyer who closed on your house, and not the same person who tried the case unless they happen to be a seasoned appellate practitioner in their own right. The questions you need answered are technical, the deadlines are tight, and the analysis requires someone who reads transcripts and writes briefs as their primary work. If you are still trying to figure out how to choose someone, our earlier post on finding the right appeals attorney in Indianapolis walks through what to look for. You can also learn more about Anne's appellate practice here. At Fugate Gangstad Lowe, appellate work is a huge part of what we do, and we do it for clients across Indiana every day. If you are weighing an appeal, or you just want a straight answer about whether you have one worth pursuing, call us at 317-829-6797 or reach out through our contact form. We will give you an honest read on the case and walk you through what comes next. The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. For legal advice tailored to your situation, please contact our firm directly.]]> by Fugate Gangstad Lowe LLC <![CDATA[Navigating construction disputes in central Indiana: what’s involved in a litigation case?]]> https://www.fgllegal.com/?p=47625 2026-06-01T15:29:39Z 2026-04-29T10:13:19Z What Kicks Off a Construction Lawsuit? A construction lawsuit is usually the last resort after communication breaks down over a serious issue. Most cases stem from a few common problems, and knowing how to proceed when you're dealing with a dispute with your contractor is the first step.
  • Breach of Contract: This is the most frequent cause. It happens when one party doesn’t hold up their end of the bargain. For a contractor, this could mean the property owner refuses to pay for completed work. For a property owner, it could be a builder who walks off the job or fails to meet the project specifications outlined in the contract.
  • Construction Defects: Sometimes the work is finished, but it wasn’t done right. Problems like a leaky roof, a cracked foundation, or faulty electrical wiring can surface months or even years later. These defects can lead to legal action to cover the cost of repairs.
  • Mechanic’s Liens: Indiana law allows contractors and suppliers who haven’t been paid to place a lien on the property. This is a legal claim against the property that can make it difficult to sell or refinance. Litigation often arises when parties need to enforce or dispute these liens.
Before a lawsuit is ever filed, the first step is often a formal "demand letter" from an attorney, which outlines the problem and requests a specific action, like payment or repair, by a certain deadline. If that doesn’t resolve the issue, the formal legal process begins. The Stages of a Construction Litigation Case in Indiana Once you decide to move forward, your case will progress through several distinct phases. While knowing how to handle a construction dispute in Indianapolis can seem complex, it generally follows a clear path. Having a construction litigation case lawyer in Indianapolis to guide you through these steps helps protect your interests. Filing the Complaint and Initial Responses A lawsuit officially starts when one party (the “plaintiff”) files a document called a “Complaint” with the appropriate court, such as the Marion County Superior Court for a dispute in Indianapolis or the Hamilton County courts for matters in Carmel, Fishers, or Noblesville. The complaint details what the dispute is about, who is involved, and what outcome the plaintiff is seeking (e.g., monetary damages). Once the complaint is filed, a copy is formally delivered to the other party (the “defendant”), who then has a specific amount of time to file an “Answer.” The Answer is a formal response to the allegations made in the complaint. The Discovery Phase: Gathering the Facts This is often the longest and most involved part of the case. During discovery, both sides exchange information and evidence under a set of legal rules. It’s like both parties laying their cards on the table to see the strengths and weaknesses of the other's case. Common discovery tools include:
  • Interrogatories: These are written questions that one party sends to the other, who must answer them in writing and under oath.
  • Requests for Production of Documents: Each side can request documents from the other, such as contracts, emails, text messages, blueprints, invoices, and photographs.
  • Depositions: This is out-of-court testimony given under oath. An attorney will ask a witness questions in person, and a court reporter will create a transcript of everything that is said.
Motions and Court Hearings Throughout the case, either side can file “motions,” which are formal requests asking the judge to make a ruling on a particular issue. For example, a lawyer might file a motion to dismiss the case or a motion to prevent certain evidence from being used. This phase involves legal arguments and occasional hearings in front of the judge. How Are Construction Disputes Actually Resolved? Many people picture a dramatic courtroom trial when they think of a lawsuit, but the reality is that the vast majority of construction litigation cases are resolved before they ever get to that point. When it comes to resolving construction disputes with a construction attorney in Indiana, there are several avenues to explore before a trial becomes necessary. The most common path to resolution is a settlement, where both parties reach a compromise to end the dispute. This is often achieved through mediation. Indiana courts frequently require parties in a civil lawsuit to attend mediation. In this process, a neutral third-party mediator helps facilitate a conversation between the parties to see if they can find common ground and reach a voluntary agreement. Another option is arbitration, which is like a private trial. An arbitrator, or a panel of them, hears evidence from both sides and makes a binding decision. Some construction contracts require disputes to be resolved through arbitration instead of the court system. If mediation and settlement negotiations fail, the final step is a trial, where each side presents their evidence and arguments to a judge or jury for a final decision. Take the Next Step Navigating a construction dispute requires a steady hand and a clear understanding of Indiana’s legal landscape. You don't have to face it alone. If you're dealing with a construction issue in Indianapolis, Fishers, Carmel, or anywhere in Central Indiana, our team at Fugate Gangstad Lowe is here to help you understand your options. A dedicated construction litigation attorney in Indianapolis can help you protect your rights and work toward a favorable outcome. Give us a call today at 317-829-6797 or fill out our online contact form to discuss your situation. The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. For legal advice tailored to your situation, please contact our firm directly.]]>