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Case Clips

Published by the Indiana Office of Court Services

Civil

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.

In re B.C.H., No. 41A04-1308-AD-388, __ N.E.3d __ (Ind. Ct. App., April 22, 2014).

April 24, 2014 Filed Under: Civil Tagged With: Appeals, R. Pyle

Grandparents were not “lawful custodians” or “de facto custodians” as statutorily required for notice and consent for their grandchild’s adoption.

Co-Alliance, LLP v. Monticello Farm Service, Inc., No. 91A05-1312-PL-607, __ N.E.3d __ (Ind. Ct. App., April 23, 2014).

April 24, 2014 Filed Under: Civil Tagged With: Appeals, R. Shepard

Adopts the majority rule on agreements to modify the priority of liens securing interests in a borrower’s assets.

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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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