Parties are entitled to a jury trial for securities fraud.
Civil
In re D.F., No. 82A04-1704-JC-869, __ N.E.3d __ (Ind. Ct. App., Sept. 27, 2017).
The Court of Appeals issued a reminder that trial court magistrates do not have the authority to enter final judgments in civil cases, including juvenile cases.
Miller v. Brown, No. 03A01-1703-DR-512, __ N.E.3d __ (Ind. Ct. App., Sept. 28, 2017).
The trial court erred in entering a post-dissolution order requiring father and mother to combine their individual 529 college savings accounts into a single, jointly owned account.
Cox v. Evansville Police Dep’t., No. 82A01-1610-CT-2299, __ N.E.3d __ (Ind. Ct. App., Sept. 22, 2017).
The police department assumed a non-delegable duty of care to the victim of sexual assault by a police officer that was on duty when the sexual assault occurred and the victim had surrendered her autonomy and control to the officer.
Hope Source v. B.T., No. 49A02-1607-CT-1656, __ N.E.3d __ (Ind. Ct. App., Sept. 20, 2017).
Testimony obtained by facilitated communication is admissible in evidence. The trial court has discretion to determine whether a child is competent to testify based upon the court’s observation of the child’s demeanor and responses to questions posed to him by counsel and the court.