A circuit or superior court has jurisdiction to enforce an unpaid tax assessment reduced to judgment, but a claim involving a challenge to a collection of a tax or assessment was within the exclusive jurisdiction of the Indiana Tax Court.
Civil
In re Paternity of Pickett, No. 29A02-1501-JP-9, __ N.E.3d __ (Ind. Ct. App, Sept. 23, 2015).
Trial court erred in ordering father to contribute to child’s college expenses based on the cost of a private university rather than a public university; the private university did not offer a special curriculum and child did not discuss her decisionmaking process with her father.
Boyer Construction Group Corp. v. Walker Construction Co., Inc., No. 45A03-1502-PL-66, __ N.E.3d __ (Ind. Ct. App, Sept. 24, 2015).
Even after a trial court has entered a judgment, parties can still make a new filing for attorney fees.
Hoker Trucking, LLC v. Robbins, No. 89A01-1411-CT-468, __ N.E.3d __ (Ind. Ct. App, Sept. 15, 2015).
The surviving spouse of the decedent is not entitled to attorneys’ fees and prejudgment interest as compensable damages under the General Wrongful Death Statute.
R.L. Turner Corp. v. Wressell, No. 06A05-1411-PL-540, __ N.E.3d __ (Ind. Ct. App, Sept. 15, 2015).
“In determining a reasonable amount of attorney’s fees, consideration should be given to the nature and difficulty of the litigation; the time, skill, and effort involved; the fee customarily charged for similar legal services; the amount involved; the time limitations imposed by the circumstances; and the result achieved in the litigation.” There is no definitive cap to attorney’s fee awards based on the potential or actual recovery.