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Case Clips

Published by the Indiana Office of Court Services

Civil

First Bank of Whiting v. 524, LLC, No. 45A04-1410-MI-476, __ N.E.3d __ (Ind. Ct. App., July 21, 2015).

July 23, 2015 Filed Under: Civil Tagged With: Appeals, E. Friedlander

To issue a tax deed pursuant to Ind. Code § 6-1.1-25-4.6(b) “there is implicit in the statute a sixth condition, which is that the petitioner is legally entitled to a tax deed after completing all of the requisite steps.”

In re I.J., No. 57A03-1501-AD-28, __ N.E.3d __ (Ind. Ct. App., July 8, 2015).

July 9, 2015 Filed Under: Civil Tagged With: Appeals, M. May, M. Robb

The trial court erred in denying a possible father’s (third-party) request for genetic testing for a child born to a married couple who placed the newborn for adoption.

Obergefell v. Hodges, No. 14–556, __ U.S. __ (June 28, 2015).

July 2, 2015 Filed Under: Civil Tagged With: A. Kennedy, A. Scalia, C. Thomas, J. Roberts, S. Alito, SCOTUS

Same-sex couples may exercise the fundamental right to marry.

Estate of Herin v. Herin, No. 39A05-1411-ES-537, __N.E.3d __ (Ind. Ct. App., June 29, 2015).

July 2, 2015 Filed Under: Civil Tagged With: Appeals, R. Shepard

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).

July 2, 2015 Filed Under: Civil Tagged With: B. Dickson, Supreme

“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).”

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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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