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Case Clips

Published by the Indiana Office of Court Services

Civil

Gertiser v. Stokes, No. 29S02-1511-DR-643, __ N.E.3d __ (Ind., Nov. 10, 2015).

November 16, 2015 Filed Under: Civil Tagged With: L. Rush, Supreme

Revoking spousal maintenance requires proof “not merely that the maintenance award had become unreasonably excessive, but its very existence had become unreasonable.”

Ind. Bureau of Motor Vehicles v. Vawter, No. 49S00-1407-PL-494, __N.E.3d __ (Ind., Nov. 6, 2015).

November 9, 2015 Filed Under: Civil Tagged With: B. Dickson, Supreme

Personalized license plates are government speech.

A.M. v. Ind. Dep’t of Child Servs., No. 20A03-1502-JT-61, __ N.E.3d __ (Ind. Ct. App., Oct. 27, 2015).

November 2, 2015 Filed Under: Civil Tagged With: Appeals, N. Vaidik

The “home” that is referred to in the statute allowing for the termination of parental rights is the home of the child and not the home of a particular parent.

Carmer v. Carmer, No. 49A05-1411-DR-539, __ N.E.3d __ (Ind. Ct. App., Oct. 30, 2015).

November 2, 2015 Filed Under: Civil Tagged With: Appeals, M. Robb, P. Mathias

The trial court erred when it failed to consider structured settlement payments in its calculation of gross income for the purposes of child support.

Stibbens v. Foster, No. 18A02-1410-PL-750, __ N.E.3d __ (Ind. Ct. App., Oct. 14, 2015).

October 19, 2015 Filed Under: Civil Tagged With: Appeals, J. Baker

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.”

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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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