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Case Clips

Published by the Indiana Office of Court Services

Civil

Shepard Properties Co. v. Int’l Union of Painters & Allied Trades, Dist. Council 91, No. 49S04-1112-PL-697, ___ N.E.2d ___ (Ind., July 31, 2012).

August 3, 2012 Filed Under: Civil Tagged With: S. David, Supreme

The Access to Public Records Act permits the award of attorney’s fees against an intervening private party.

Est. of Short v. Brookville Crossing 4060 LLC, No. 49A02-1112-CT-1128, ___ N.E.2d ___ (Ind. Ct. App., July 31, 2012).

August 3, 2012 Filed Under: Civil Tagged With: Appeals, E. Brown

Declines to extend the duty of innkeepers to guests to include instances in which the owner did not have knowledge of a perilous situation.

Clark v. Clark, No. 01S02-1112-CT-690, ___ N.E.2d ___ (Ind., July 23, 2012).

July 26, 2012 Filed Under: Civil Tagged With: B. Dickson, Supreme

The Indiana Guest Statute does not preclude a passenger from bringing a negligence action against a driver “as to injuries inflicted when such a passenger has exited the vehicle and is standing outside of it and directing the driver’s attempt to park.”

Mertz v. Mertz, No. 64A03-1108-DR-360, ___ N.E.2d ___ (Ind. Ct. App., July 26, 2012).

July 26, 2012 Filed Under: Civil Tagged With: Appeals, M. Robb, N. Vaidik

A trial court best determines whether under Ind. Code 31-16-12-11 the sufficiency of a plan offered by an obligor to pay arrearage is sufficient to reinstate driving privileges.

M & M Investment Group, LLC v. Ahlemeyer Farms, Inc., No. 03A04-1112-CC-639, ___ N.E.2d ___ (Ind. Ct. App., July 16, 2012).

July 19, 2012 Filed Under: Civil Tagged With: Appeals, J. Kirsch

“We therefore conclude that the Indiana pre-tax sale notice statute violates the Due Process Clause of the Fourteenth Amendment because it does not require the government to provide sufficient notice prior to the tax sale either by mail or by personal service to mortgagees who have publicly recorded mortgages, even if such notice is not requested by the mortgagees, and because it provides that, even if the government fails to mail the requested notice or the notice is undeliverable for some reason, the validity of the tax sale will not be affected.”

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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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