Same-sex couples may exercise the fundamental right to marry.
Civil
Estate of Herin v. Herin, No. 39A05-1411-ES-537, __N.E.3d __ (Ind. Ct. App., June 29, 2015).
Only “clear and convincing evidence of a different intention at the time the account is created” can prove that a joint ownership account should be part of decedent’s estate (and not pass to the living joint owner).
Miller v. Danz, No. 49S05-1506-PL-400, __N.E.3d __ (Ind., June 29, 2015).
“Where Trial Rule 15(C) addresses the relation back of amendments ‘changing the party against whom a claim is asserted,’ it requires that the party to be brought in by amendment ‘knew or should have known that but for a mistake concerning the identity of the proper party, the action would have been brought against him.’ T.R. 15(C) (emphasis added). In contrast, Trial Rule 17(C) applies where ‘the name or existence of a person is unknown.’ T.R. 17(F).”
Celebration Worship Center, Inc. v. Tucker, No. 22S01-1506-PL-401, __N.E.3d __ (Ind., June 29, 2015).
Homeowners met criteria for adverse possession of disputed property.
Strozewski v. Strozewski, No. 29A02-1412-DR-885, __N.E.3d __ (Ind. Ct. App., June 16, 2015).
Dissolution was filed in a preferred venue under Trial Rule 75(A)(8), and although preferred venue may lie in more than one county, if an action is filed in a county of preferred venue, change of venue cannot be granted.