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Case Clips

Published by the Indiana Office of Court Services

Civil

State Farm Fire & Cas., Co. v. Radcliff, No. 29A04-1111-CT-571, __ N.E.2d __ (Ind. Ct. App., Apr. 11, 2013).

April 12, 2013 Filed Under: Civil Tagged With: Appeals, N. Vaidik

Affirms the jury’s $14.5 million verdict on the defendant’s defamation counterclaim.

Meredith v. Pence, No. 49S00-1203-PL-172,___ N.E.2d ___ (Ind., March 26, 2013).

March 28, 2013 Filed Under: Civil Tagged With: B. Dickson, Supreme

“[T]he Indiana school voucher program, the Choice Scholarship Program, is within the legislature’s power under Article 8, Section 1, and that the enacted program does not violate either Section 4 or Section 6 of Article 1 of the Indiana Constitution.

Town of Cedar Lake v. Alessia, No. 45A03-1207-PL-316,___ N.E.2d ___ (Ind. Ct. App., March 21, 2013).

March 21, 2013 Filed Under: Civil Tagged With: Appeals, E. Najam

The proper legal inquiry whether there was a statutory prohibition against the town’s exercise of authority was based on Indiana’s Home Rule Act.

K.O.A. Properties, LLC v. Matheison, No. 48A04-1207-SC-365,___ N.E.2d ___ (Ind. Ct. App., March 8, 2013).

March 14, 2013 Filed Under: Civil Tagged With: Appeals, E. Friedlander

Small claims court had personal jurisdiction over a defendant even though it was not listed as a separate party defendant on the notice of claim and defendant was not separately served with the notice, because it was provided with service reasonably calculated to inform defendant that a small claims action had been instituted against it.

Zavodnik v. Richards, No. 49A02-1209-CC-750, ___ N.E.2d ___ (Ind. Ct. App., March 14, 2013).

March 14, 2013 Filed Under: Civil Tagged With: Appeals, M. Barnes

When a trial court has involuntarily dismissed a case without prejudice pursuant to T. R. 41(E), T.R. 41(F) gives dismissing trial court the discretion to consider whether a complaint should be reinstated. Plaintiff should not file a substantially similar or identical complaint in another court.

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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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