Unrepresented litigants failed to understand that bankruptcy discharged them from in personam liability, but that their in rem liability for the mortgage remained. Summary judgment on the mortgage foreclosure was properly granted.
Civil
Magic Circle Corp. v. Crowe Horwath, LLP, No. 71A03-1607-PL-1520, __ N.E.3d __ (Ind. Ct. App., March 8, 2017).
The economic loss rule does not have the effect of barring an accountant malpractice claim at tort.
Pilkington v. Pilkington, No. 18A02-1605-PL-1086, __ N.E.3d __ (Ind. Ct. App., March 2, 2017).
Trial court had subject matter jurisdiction to decide whether beneficiary interest in the trust was extinguished by bankruptcy.
Underwood v. Bunger, No. 53S01-1703-MI-126, __ N.E.3d __ (Ind., March 6, 2017).
The warranty deed’s unambiguous statement that the three grantees, including husband and wife, hold their interests in the property “all as Tenants-in-Common” overcomes the legal presumption favoring a tenancy by the entirety.
Megenity v. Dunn, No. 22S04-1609-CT-465, __ N.E.3d __ (Ind., Feb. 16, 2017).
A sports participant breaches no duty as a matter of law by engaging in “ordinary conduct” for the sport generally.