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Case Clips

Published by the Indiana Office of Court Services

Civil

In re Z.B. v. Ind. Dept. Child Svcs., No. 18A-JT-318, __ N.E.3d __ (Ind. Ct. App., July 31, 2018).

August 6, 2018 Filed Under: Civil, Juvenile Tagged With: Appeals, M. Bailey

A CASA has the statutory authority to independently prosecute a petition to terminate parental rights when DCS opposes termination.

Pflugh v. Indianapolis Historic Preservation Comm’n, No. 18A-PL-351, __ N.E.3d __ (Ind. Ct. App., Aug. 1, 2018).

August 6, 2018 Filed Under: Civil Tagged With: Appeals, E. Friedlander

Neighbor lacks standing to challenge a rezoning decision unless he can show pecuniary or special injury.

Dotson v. Stryker Corp., No. 18A-PL-220, __ N.E.3d __ (Ind. Ct. App., Aug. 3, 2018).

August 6, 2018 Filed Under: Civil Tagged With: Appeals, E. Najam

Trial court did not abuse its discretion when it considered a deposition on summary judgment when it had not reviewed or signed at the time of its designation.

EngineAir, Inc. v. Centra Credit Union, No. 36A01-1709-CT-2177, __ N.E.3d __ (Ind. Ct. App., July 24, 2018).

July 30, 2018 Filed Under: Civil Tagged With: Appeals, J. Kirsch

Indiana’s version of the Uniform Commercial Code has displaced any cause of action that the companies may have against depository bank for depositing fraudulent checks; case was properly dismissed under T.R. 12(B)(6).

ONB Ins. Group, Inc. v. Estate of Mengel, No. 40A01-1707-CT-1513, __ N.E.3d __ (Ind. Ct. App., July 25, 2018).

July 30, 2018 Filed Under: Civil Tagged With: Appeals, M. May

This case uses the Goodwin/Rogers analysis for a negligence case that does not involve premise liability with third-party acts. When the broad type of plaintiffs are motorists, the defendants are an insurance agency and its agent, and the type of harm as a multi-vehicle collision caused by faulty brakes on a large tractor-trailer, defendants owe no common law duty to plaintiffs

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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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