A trial court may order a parent to make a child available for an interview requested by DCS to assess that child’s “condition” pursuant to Ind. Code § 31-33-8-7, where the child’s older sibling has made and then recanted allegations of sexual abuse against a family member who lives in the children’s home.
Civil
Cleveland v. Clarian Health Partners, Inc., No. 49A02-1110-CT-948, ___ N.E.2d ___ (Ind. Ct. App., Oct. 3, 2012).
Defendant did not commit misconduct under Trial Rule 60(B)(3) when it did not supplement prior deposition testimony of a nonparty.
CitiMortgage, Inc. v. Barabas, No. 48S04-1204-CC-00213, ___ N.E.2d ___ (Ind., Oct. 4, 2012).
MERS was an agent of the lender. Citimortgage, standing in MERS’s shoes, has standing to intervene in the mortgage foreclosure action.
State Farm Mut. Ins. Co. v. Kern, No. 49A02-1201-CT-34, ___ N.E.2d ___ (Ind. Ct. App., Sept. 20, 2012).
“When an insurer compensates its insured due to a third party tortfeasor being underinsured, the third party tortfeasor’s liability is not reduced.”
Pac-Van, Inc. v. Wekiva Falls Resort, No. 49A02-1204-CT-337, ___ N.E.2d ___ (Ind. Ct. App., Sept. 11, 2012).
When the losing party pays a judgment in full, post-judgment interest does not keep running on the whole amount until the trial court calculates the amount due for the period between the judgment and the payment.