Trial court had jurisdiction to order an attorney to pay funds for attorney’s contempt in an action stayed by the bankruptcy court because the funds paid were not property of the bankruptcy estate, but the attorney’s personal money and for damages resulting from the attorney’s contempt.
Civil
Kitchen v. Kitchen, et al, No. 27A04-1101-DR-1, ___ N.E.2d ___ (Ind. Ct. App., Aug. 29, 2011)
Only parents, grandparents and step-parents have standing to pursue visitation with a child.
Branham v. Varble & Chastain, No. 62S01-1103-SC-14, ___ N.E.2d ___ (Ind., Aug. 30, 2011)
Self-represented parties in small claims court do not forfeit the generic exemption statute and the Social Security exemptions even if the litigants do not know enough to plead them; even if an information of contempt has not been filed, a court does not err when it orders a party to return for status checks a limited number of times; orders to seek employment or to seek better employment are not a proper part of a proceeding supplemental.
Howard Regional Health System v. Gordon, No. 34S02-1009-CV-476, __ N.E.2d __ (Ind., Aug. 10, 2011).
Claim against hospital for loss of childbirth records was one for medical malpractice. Health records maintenance statutes do not confer a private right of action for loss of records. Parents have no independent action for spoliation against the hospital.
Flores v. Gutierrez, No. 45A04-1101-CT-28, __ N.E.2d __ (Ind. Ct. App., Aug. 10, 2011).
Jury’s zero-damage award in negligence case was consistent with the evidence.