A “devisee” for will contests includes only devisees of the will being challenged and devisees of the next will in line who would directly benefit if the challenged will were set aside. To award attorney’s fees in a will contest, “First, the claimant seeking fees must prove that some or all of her claims were made in good faith and with just cause. The trial court must then make a preliminary determination as to which of the claims meet this standard. Then, the claimant is required to come forward with evidence showing the amount of attorney fees expended only for the claims that meet the statutory standard.”
Civil
Masters v. Masters, No. 02S04-1504-DR-156, __ N.E.3d __ (Ind., Oct. 16, 2015).
The proper standard of review under the Family Law Arbitration Act is the clearly erroneous standard prescribed by Trial Rule 52(A).
Fox v. Bonam, No. 55A01-1503-PO-112, __ N.E.3d __ (Ind. Ct. App, Oct. 16, 2015).
The trial court erred in ordering the sheriff to seize firearms as part of a protective order between neighbors.
Troyan v. Ind. Dept. of Revenue, No. 49A02-1411-PL-794, __ N.E.3d __ (Ind. Ct. App, Oct. 2, 2015).
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.
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.