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Case Clips

Published by the Indiana Office of Court Services

Civil

Utility Center, Inc. v. City of Fort Wayne, No. 90A04-1101-PL-1, ___ N.E.2d ___ (Ind. Ct. App., Jan. 13, 2012).

January 19, 2012 Filed Under: Civil Tagged With: Appeals, M. Robb

“[J]udicial review of an administrative determination of just compensation should be limited to the consideration of whether there is substantial evidence to support the agency’s finding and order and whether the action constitutes an abuse of discretion, is arbitrary, capricious, or in excess of statutory authority as revealed by the uncontradicted facts.”

Whitaker v. Becker, No. 02S03-1201-CT-2, ___ N.E.2d ___ (Ind., Jan. 18, 2012).

January 19, 2012 Filed Under: Civil Tagged With: R. Shepard, Supreme

Dismissal was the appropriate remedy when plaintiff’s lawyer repeatedly ignored requests for discovery, and then when ordered to respond supplied false and misleading information making a full defense impossible.

Haag v. Castro, No. 29S04-1102-CT-118, ___ N.E.2d ___ (Ind., Jan. 10, 2012).

January 12, 2012 Filed Under: Civil Tagged With: B. Dickson, F. Sullivan, Supreme

A local youth soccer team cannot recover under the state youth soccer governing association’s business auto-insurance policy for injuries sustained when the van in which they were riding was involved in an accident, because the van was not being used in the business of the association, a condition for coverage under the insurance policy at issue.

Ramsey v. Moore, No. 45S05-1105-CT-281, ___ N.E.2d ___ (Ind., Jan. 12, 2012).

January 12, 2012 Filed Under: Civil Tagged With: S. David, Supreme

Because the trial court’s order was not a final appealable judgment, the Indiana Supreme Court has no subject matter jurisdiction to hear an appeal on the trial court’s order denying medical malpractice defendants’ request for a preliminary determination and requesting dismissal due to the plaintiff’s dilatory conduct.

Estate of Latek, No. 64A05-1103-ES-112, ___ N.E.2d ___ (Ind. Ct. App., Jan. 4, 2012).

January 5, 2012 Filed Under: Civil Tagged With: Appeals, E. Friedlander

“[T]he effect of another state’s determination that a will is invalid has no effect on the validity of the will in Indiana as it pertains to the disposition of real property located in Indiana.”

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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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