Trial court exceeded the bounds of its authority by refusing to allow an entire settlement to be placed in a special needs trust.
Civil
Liddle v. Clark, No. 49A04-1707-MI-1662, __ N.E.3d __ (Ind. Ct. App., July 23, 2018).
Damages for loss of a pet are limited to fair market value; sentimental value cannot be included in the calculation.
Estate of Lewis v. Toliver, No. 41A01-1712-EU-2893, __ N.E.3d __ (Ind. Ct. App., July 13, 2018).
The trial court has inherent power to reconsider its appointment of a special administrator.
Harr v. Hayes, No. 49A02-1711-CT-2595, __ N.E.3d __ (Ind. Ct. App., July 3, 2018).
Damages were not limited to $75,000 for a case that was remanded to state court because the alleged amount in controversy did not exceed $75,000.
McCallister v. McCallister, No. 49D12-1606-DR-19232, __ N.E.3d __ (Ind. Ct. App., June 26, 2018).
Although under federal law the court could not order husband to change the beneficiary on his Air Force Survivor Benefit Plan as required by the Marital Settlement Agreement, the trial court can determine the value of the Survivor Benefit Plan and reconsider the distribution of marital assets as an alternative remedy.