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Case Clips

Published by the Indiana Office of Court Services

Civil

Citimortgage, Inc. v. Barabas, No. 48A04-1004-CC-232, ___ N.E.2d ___ (Ind. Ct. App., Oct. 20, 2011).

October 20, 2011 Filed Under: Civil Tagged With: Appeals, E. Brown, P. Riley

The correct interpretation of Ind. Code § 32-29-8-3 is that the one-year redemption period begins after the sale of the property.

Johnson v. Jacobs, No. 47A01-1102-CT-35, ___ N.E.2d ___ (Ind. Ct. App., Oct. 20, 2011).

October 20, 2011 Filed Under: Civil Tagged With: Appeals, J. Baker

Father’s intentional criminal actions of killing his daughter and himself trigger the intervening, superseding cause doctrine, and broke the causal chain between the defendant’s alleged negligence and the daughter’s death; none of the actions or inaction of any of the defendants could be considered a proximate cause of the daughter’s death as a matter of law.

Allen v. Clarian Health Partners, Inc., No. 49A02-1011-CT-117, ___ N.E.2d ___ (Ind. Ct. App., Oct. 12, 2011).

October 13, 2011 Filed Under: Civil Tagged With: Appeals, E. Najam

A complaint challenging reasonableness of the fees the defendant hospital charged the plaintiffs states a claim for breach of contract because no price was specified in the contracts; plaintiffs only agreed to pay a reasonable charge for defendant hospital’s services, and if the fees charged are unreasonable this would constitute a breach of contract.

Anderson v. Anderson, No. 47A01-1104-DR-159, ___ N.E.2d ___ (Ind. Ct. App., Oct. 12, 2011).

October 13, 2011 Filed Under: Civil Tagged With: Appeals, E. Friedlander

Indiana Child Support Guideline 3 allows periodic Social Security Disability payments to be applied against a support arrearage that accumulated before the filing of a petition to modify support.

Douglas v. State, No. 40A01-1009-DR-466, ___ N.E.2d ___ (Ind. Ct. App., Oct. 12, 2011).

October 13, 2011 Filed Under: Civil Tagged With: Appeals, P. Mathias

Incarceration for nonsupport of a dependent child can amount to a change in circumstances so substantial and continuing as to make the terms of an existing child support order unreasonable.

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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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