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Case Clips

Published by the Indiana Office of Court Services

Civil

In Re: Prosecutor's Subpoena Regarding S.H. and S.C., 73A01-1109-CR-468, ___ N.E.2d ___ (Ind. Ct. App., June 22, 2012).

June 28, 2012 Filed Under: Civil Tagged With: Appeals, M. May

A prosecutor investigating a crime before charging someone without a grand jury has the same authority to grant use immunity as a prosecutor using a grand jury.

Gill v. Evansville Sheet Metal Works, Inc., No. 49S05-1111-CV-672, ___ N.E.2d ___ (Ind., June 25, 2012).

June 28, 2012 Filed Under: Civil Tagged With: F. Sullivan, Supreme

Defined “improvement to real property” as used in Indiana Code 32-30-1-5 as “(1) an addition to or betterment of real property; (2) that is permanent; (3) that enhances the real property’s capital value; (4) that involves the expenditure of labor or money; (5) that is designed to make the property more useful or valuable; and (6) that is not an ordinary repair.”

City of Indianapolis v. Buschman, No. 49A02-1108-CT-782, ___ N.E.2d ___ (Ind. Ct. App., June 26, 2012).

June 28, 2012 Filed Under: Civil Tagged With: Appeals, M. Barnes

When a claimant’s tort claim notice contains a specific and definitive assessment of loss, recovery is limited to the loss described in the original notice, and if additional losses are discovered after the notice has been submitted then the claimant should amend the original notice or submit another notice in a timely manner.

Sexton v. Sexton, No. 34A02-1111-DR-01059, ___ N.E.2d ___ (Ind. Ct. App., June 8, 2012).

June 14, 2012 Filed Under: Civil Tagged With: Appeals, N. Vaidik

Public Law 111-2012 will modify the presumptive age for termination of child support, but it will not alter a child’s ability to obtain educational support except for amending the time frame in which certain children may seek educational support.

Horner v. Carter, No. 34A02-1111-DR-1029, ___ N.E.2d ___ (Ind. Ct. App., June 13, 2012).

June 14, 2012 Filed Under: Civil Tagged With: Appeals, N. Vaidik

“Alternative Dispute Resolution Rule 2.11 and Indiana Evidence Rule 408 allow the introduction of mediation communications to establish traditional contract defenses.”

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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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