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Case Clips

Published by the Indiana Office of Court Services

Civil

Edna Martin Christian Center, Inc. v. Smith, No. 22A-CT-1420, __ N.E.3d __ (Ind. Ct. App., Jan. 30, 2023).

January 30, 2023 Filed Under: Civil Tagged With: Appeals, R. Altice

A personal representative of an estate may not assert a claim for emotional distress damages for the benefit of the decedent’s minor dependent children and nondependent adult children in a wrongful death action.

Expert Pool Builders, LLC v. Vangundy, No. 22A-PL-1499, __ N.E.3d __ (Ind. Ct. App., Jan. 18, 2023).

January 23, 2023 Filed Under: Civil Tagged With: Appeals, N. Vaidik, P. Riley

Defendant waived his appeal of the default judgment by failing to file a T.R. 60(B) motion to set aside the default judgment; a motion to correct error did not preserve the issue.

Lash v. Kreigh, No. 22A-CC-1069, __ N.E.3d __ (Ind. Ct. App., Jan. 18, 2023).

January 23, 2023 Filed Under: Civil Tagged With: Appeals, P. Foley

The proper calculation of damages based on the theory of quantum meruit used the plaintiff’s reasonable value of the work performed.

Brugh v. Milestone Contractors, LP, No. 22A-CT-845, __ N.E.3d __ (Ind. Ct. App., Jan. 11, 2023).

January 17, 2023 Filed Under: Civil Tagged With: Appeals, P. Riley

Surviving spouse timely substituted herself as the real party in interest within the prescribed time limitations of the Indiana Wrongful Death Stature; the deadline was tolled by the Supreme Court’s orders regarding COVID-19.

In re K.V., LP, No. 22A-JC-987, __ N.E.3d __ (Ind. Ct. App., Jan. 13, 2023).

January 17, 2023 Filed Under: Civil, Juvenile Tagged With: Appeals, M. Robb

DCS was not required to make a reasonable effort to reunify children with foster parents when it was not in the children’s best interest. Foster parents were not entitled to intervene in CHINS case.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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