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Case Clips

Published by the Indiana Office of Court Services

Civil

Town of Ellettsville v. DeSpirito, No. 53S01-1709-PL-612, __ N.E.3d __ (Ind., Dec. 12, 2017).

December 18, 2017 Filed Under: Civil Tagged With: Per Curiam, Supreme

In re D.J. v. Ind. Dep’t of Child Servs. did not relax the procedural requirements for appellate jurisdiction. The prerequisites for appellate jurisdiction are entry of an appealable order by the trial court and the trial court clerk’s entry of the notice of completion of the clerk’s record on the chronological case summary.

Powell v. Stuber, No. 71A03-1705-CT-967, __ N.E.3d __ (Ind. Ct. App., Dec. 13, 2017).

December 18, 2017 Filed Under: Civil Tagged With: Appeals, J. Baker

Trial court properly held, as a matter of law, that it is not foreseeable that a patron of a bar will be criminally attacked in the parking lot and then confront his assailants, placing himself at risk of further injury.

J.R. v. S.P., No. 31A04-1706-DC-1284, __ N.E.3d __ (Ind. Ct. App., Dec. 15, 2017).

December 18, 2017 Filed Under: Civil Tagged With: Appeals, R. Pyle

Biological parent whose rights have been terminated cannot circumvent the law by filing a custody action under Ind. Code 31-17-2-3.

Miller v. Town Bd. Of Sellersburg, No. 10A01-1612-MI-2908, __ N.E.3d __ (Ind. Ct. App., Nov. 29, 2017).

December 4, 2017 Filed Under: Civil Tagged With: Appeals, R. Pyle

Town clerk-treasurer could not mandate additional deputies; Ind. Code § 36-5-6-7 states that the town legislative body must approve the appointment of deputies.

In re Unsupervised Estate of Owsley, No. 49A02-1701-EU-207, __ N.E.3d __ (Ind. Ct. App., Nov. 21, 2017).

November 27, 2017 Filed Under: Civil Tagged With: Appeals, E. Brown

Because the victims of the civil rights action are the decedent’s survivors, not the decedent himself, no estate needed to be open for the sole purpose of pursuing a federal civil rights action.

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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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