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Case Clips

Published by the Indiana Office of Court Services

Civil

Asher v. Coomler , No. 49A04-1302-DR-71, __ N.E.2d __ (Ind. Ct. App., Sept. 30, 2013).

October 3, 2013 Filed Under: Civil Tagged With: Appeals, P. Riley

When the appointed special judge was unavailable, under T.R. 79(I)(2)(a), only a judge pro tempore, temporary judge, or a senior judge appointed by the special judge could preside over proceedings.

Atkins v. Veolia Water Indianapolis, LLC, No. 49A02-1302-CT-181, __ N.E.2d __ (Ind. Ct. App., Oct. 1, 2013).

October 3, 2013 Filed Under: Civil Tagged With: Appeals, M. Robb

The trial court did not abuse its discretion by denying the party’s request to file a belated appeal. Although counsel did not have actual knowledge of the order, counsel did have notice, which is a prerequisite to relief under T.R. 72(E).

In re N.C.G., No. 02A04-1301-JP-21, __ N.E.2d __ (Ind. Ct. App., Sept. 19, 2013).

September 27, 2013 Filed Under: Civil Tagged With: Appeals, J. Baker

“[S]o long as a father pays child support, exercises parenting time, and actively participates in the child’s life, then the best interests of the child may be served by giving the child the father’s surname to reinforce the bond between father and his nonmarital child, particularly if father is the noncustodial parent.”

Lunsford v. Deutsche Bank Trust Co. Americas, No. 30A01-1302-MF-63, __ N.E.2d __ (Ind. Ct. App., Sept. 20, 2013).

September 27, 2013 Filed Under: Civil Tagged With: Appeals, J. Baker

The bank had the senior claim on a property even though a land contract between the owner and buyer had been executed years earlier because the contract wasn’t recorded until after the mortgage was recorded.

Schwartz v. Heeter, No. 02S03-1301-DR-18, __ N.E.2d __ (Ind., Sept. 26, 2013).

September 27, 2013 Filed Under: Civil Tagged With: L. Rush, Supreme

A child support agreement incorporates the version of the Child Support Guidelines in effect for each particular year’s income.

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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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