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Case Clips

Published by the Indiana Office of Court Services

Civil

Nicklas v. Von Tobel Corp., No. 64A03-1310-CC-429, __ N.E.3d __ (Ind. Ct. App., June 4, 2014).

June 6, 2014 Filed Under: Civil Tagged With: Appeals, M. Robb

“[A]n agreed judgment against one obligor does not merge and extinguish the obligation of another person jointly and severally liable on the same contract.”

M.B. v. J.C., No. 54A01-1309-JP-398, __ N.E.3d __ (Ind. Ct. App., May 22, 2014).

May 29, 2014 Filed Under: Civil Tagged With: Appeals, E. Brown

An adoption action was filed in another county after a paternity action had commenced; by statute, “[b]ecause the petition for adoption and the paternity action were pending at the same time, the court in which the petition for adoption had been filed had exclusive jurisdiction over the custody of [the child].”

David v. Kleckner, No. 49S02-1405-MI-355, __ N.E.3d __ (Ind., May 28, 2014).

May 29, 2014 Filed Under: Civil Tagged With: B. Dickson, Supreme

“[I]n determining whether a medical malpractice claim has been commenced within the medical malpractice statute of limitations, the discovery or trigger date is the point when a claimant either knows of the malpractice and resulting injury, or learns of facts that, in the exercise of reasonable diligence, should lead to the discovery of the malpractice and the resulting injury.”

In re A.S., No. 10S01-1402-MH-113m __ N.E.3d __ (Ind., May 13, 2014).

May 15, 2014 Filed Under: Civil Tagged With: S. David, Supreme

Trial court lacked authority for its contempt finding against the person who filled out the application for emergency detention for another person.

Bailey v. Bailey, No. 25A04-1309-DR-452., __ N.E.3d __ (Ind. Ct. App., April 22, 2014).

April 24, 2014 Filed Under: Civil Tagged With: Appeals, J. Baker, M. Barnes

The trial court erred in modifying custody when neither party requested a modification of custody.

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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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