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Case Clips

Published by the Indiana Office of Court Services

Civil

Lesley v. Lesley, No. 79A02-1305-DR-472, __ N.E.3d __ (Ind. Ct. App., March 25, 2014)

March 27, 2014 Filed Under: Civil Tagged With: Appeals, J. Baker, T. Crone

Trial court does not have the statutory authority to reevaluate its decision on granting wife post-dissolution maintenance when it has already issued the final dissolution decree.

In re I.P., No. 49S02-1402-JT-81, __ N.E.3d __ (Ind., March 26, 2014)

March 27, 2014 Filed Under: Civil Tagged With: Per Curiam, Supreme

Parental rights should not be terminated when the magistrate who heard the case resigns before reporting recommended findings and conclusions because it violates the parent’s due process rights.

In re G.P., No. 49S02-1308-JT-558, __ N.E.3d __ (Ind., March 13, 2014).

March 20, 2014 Filed Under: Civil Tagged With: S. David, Supreme

A trial court does not have discretion to appoint an attorney to a parent under Ind. Code § 31-34-4-6; Ind. Code § 31-32-4-3 does give the court discretion to appoint an attorney for a parent who fails to meet the statutory requirements for being indigent but for whom appointed counsel might still be appropriate.

Justice v. American Family Ins. Co., No. 49S02-1303-PL-221, __ N.E.3d __ (Ind., March 13, 2014).

March 20, 2014 Filed Under: Civil Tagged With: M. Massa, Supreme

In an insurance policy, the phrase “limits of liability of this coverage” refers to the policy limit and not to the insured’s total damages.

In re E.M., No. 45S03-1308-JT-557, __ N.E.2d __ (Ind., March 7, 2014).

March 13, 2014 Filed Under: Civil Tagged With: L. Rush, R. Rucker, Supreme

The trial court was within its discretion to terminate the father’s parental rights.

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