“An auto dealership’s advertisement of an inexpensive used car as a “Sporty Car at a Great Value Price,” is textbook puffery—not actionable as deception or fraud, because a reasonable buyer could not take it as a warranty about the car’s performance or safety characteristics. But when the dealer has inspected the car and should know it has serious problems, answering a buyer’s question about why it idled roughly by claiming that it “would just need a tune-up” may be actionable as fraud.”
Civil
In re I.P, No. 49A02-1303-JT-283, __ N.E.2d __ (Ind. Ct. App., Oct. 29, 2013).
It did not violate the trial rules or father’s right to due process when one magistrate resigned and a different magistrate that was not present at the hearing reported factual findings and conclusions to the judge to issue the subsequent recommended order terminating father’s parental.
Angelopoulos v. Angelopoulos, No. 64A04-1211-PL-594, __ N.E.2d __ (Ind. Ct. App., Oct. 29, 2013).
Although the trial court issued a protective order for deposition materials, those materials were not automatically confidential under Administrative Rule 9(G)(1)(c).
A.C. v. N.J., No. 20A04-1301-DR-37, __ N.E.2d __ (Ind. Ct. App., Oct. 31, 2013).
The trial court properly declined to enforce the agreement between mother and her former partner that partner would be child’s parent, but the partner does have standing to seek visitation.
McGee v. McGee, No. 45A04-1301-DR-33, __ N.E.2d __ (Ind. Ct. App., Oct. 24, 2013).
A guardian cannot file a petition for dissolution of marriage on behalf of his or her ward.