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Case Clips

Published by the Indiana Office of Court Services

Civil

Wright v. Miller, No. 54S01-1207-CT-430, __ N.E.2d __ (Ind., June 21, 2013).

June 28, 2013 Filed Under: Civil Tagged With: B. Dickson, S. David, Supreme

Trial court erred in excluding plaintiffs’ expert witness when the circumstances of the case warranted “some lesser, preliminary, or more pointed sanction fashioned to address counsel’s unsatisfactory conduct in this case without depriving the plaintiffs of their ability to present the merits of their case at trial.”

Johnson v. Wysocki, No. 45S04-1211-CT-634, __ N.E.2d __ (Ind., June 25, 2013).

June 28, 2013 Filed Under: Civil Tagged With: R. Rucker, S. David, Supreme

For residential real estate transactions to which the Indiana’s Disclosure Statutes apply, the Indiana’s Disclosure Statutes abrogated the common law principles of caveat emptor.

Perkinson v. Perkinson, No. 36S05-1206-DR-371, __ N.E.2d __ (Ind., June 25, 2013).

June 28, 2013 Filed Under: Civil Tagged With: S. David, Supreme

“[A]n agreement to forego parenting time in exchange for relief from child support is declared void against public policy.”

Hickory Creek at Connersville v. Est. of Combs, No. 21A04-1211-ES-600, __ N.E.2d __ (Ind. Ct. App., June 27, 2013).

June 28, 2013 Filed Under: Civil Tagged With: Appeals, N. Vaidik

“[A]ccording to the doctrine of necessaries, a creditor must first seek satisfaction from the income and property of the spouse who incurred the debt and only if those resources are insufficient may a creditor seek satisfaction from the non-contracting spouse.”

Nationstar Mortgage, LLC v. Curatolo, No. 45A03-1211-MF-469, __ N.E.2d __ (Ind. Ct. App., June 18, 2013).

June 21, 2013 Filed Under: Civil Tagged With: Appeals, M. Robb

Court cannot modify a mortgage agreement without the consent of both parties participating in a settlement conference.

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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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