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Case Clips

Published by the Indiana Office of Court Services

Civil

Bonnell v. Cotner, No. 66503-1509-PL-530, __ N.E.3d __ (Ind., Feb. 16, 2016).

February 22, 2016 Filed Under: Civil Tagged With: M. Massa, Supreme

Sale of the strip of land by tax deed extinguished any and all interest the party previously possessed by adverse possession.

In re V.A., No. 02S04-1602-JT-93, __ N.E.3d __ (Ind., Feb. 18, 2016).

February 22, 2016 Filed Under: Civil Tagged With: R. Rucker, Supreme

“Father’s unwillingness to live separately from a mentally ill spouse, without more, is an insufficient basis to terminate his parental rights.”

Lorenz v. Anonymous Physician #1, No. 28A01-1501-CT-50, __ N.E.3d __ (Ind. Ct. App., Feb. 19, 2016).

February 22, 2016 Filed Under: Civil Tagged With: Appeals, M. Robb

Because the alleged negligence took place before plaintiff filed for bankruptcy, the cause of action was an asset of his bankruptcy estate and the bankruptcy trustee was the real party in interest for purposes of prosecuting the action. Plaintiff’s bankruptcy was reopened and the bankruptcy trustee was substituted as plaintiff on the proposed complaint.

In re Adoption of A.A., No. 48A02-1505-AD-328, __ N.E.3d __ (Ind. Ct. App., Feb. 19, 2016).

February 22, 2016 Filed Under: Civil Tagged With: Appeals, M. Bailey

The burden of proof on a petition to modify an existing order of grandparent visitation rights is on the petitioner to show the modification is in the best interests of the child.

In re: Indiana State Fair Litigation, No. 49S02-1601-CT-51, ___ N.E.3d ___, (Ind. Jan. 28, 2016).

February 2, 2016 Filed Under: Civil Tagged With: L. Rush, Supreme

Indemnity language on back of vendor’s invoice could not be applied retroactively to liabilities predating the invoice; retroactive effect was not “clearly and unequivocally” expressed in invoice language, and could not be inferred from parties’ course of dealing.

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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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