Adopts the majority rule on agreements to modify the priority of liens securing interests in a borrower’s assets.
Civil
Goodman v. SeRine, No. 55A01-1304-PL-176., __ N.E.3d __ (Ind. Ct. App., March 31, 2014)
Although the sellers’ bankruptcy action had been dismissed, bankruptcy court was the proper venue for a quiet title action on property that was part of the bankruptcy estate.
Miller v. Federal Express, Corp., No. 49A02-1307-PL-619, __ N.E.3d __ (Ind. Ct. App., April 4, 2014)
Defendants were immune from suit under the federal Communications Decency Act as “providers of an interactive computer service.”
Groce v. American Family Mut. Ins. Co., No. 48S02-1307-CT-472, __ N.E.3d __ (Ind., April 4, 2014)
Affirms summary judgment for defendant, finding the statute of limitation defense applicable when plaintiff, in the exercise of ordinary diligence in reviewing their homeowners insurance policy, could have timely discovered that the company’s replacement cost liability was capped at the dwelling loss coverage limit.
Lesley v. Lesley, No. 79A02-1305-DR-472, __ N.E.3d __ (Ind. Ct. App., March 25, 2014)
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.