A trial court should not blindly adhere to all of its local rules, but examine technical rules when it appears that invoking them would defeat justice.
Civil
In re the Adoption of L.D., No. 49S02-1006-CV-330, __ N.E.2d __ (Ind., Dec. 16, 2010)
Adoption notice by publication to mother complied with statute but failed to meet the due process requirement of a “diligent search reasonably calculated to determine the mother’s whereabouts.”
Marion County Auditor v. Saw Mill Creek, LLC, No. 49A02-0912-CV-1192, __ N.E.2d __ (Ind. Ct. App., Dec. 3, 2010)
Statutory requirement that auditor send a first-class mail notice of tax due to property owner when initial certified mail notice is returned undelivered must be complied with to comport with due process.
Rider v. McCamment, No. 16A01-1004-CT-180, __ N.E.2d __ (Ind. Ct. App., Dec. 6, 2010)
When home-buyer was by agreement not to be on home construction premises without permission, fact home-buyer had been on the premises numerous times and may have been seen then by contractor precluded summary judgment against home-buyer on her negligence claim for injuries suffered when she was on the construction site.
Brindle v. Arata, No. 02A05-1004-SC-239, __ N.E.2d __ (Ind. Ct. App., Dec. 7, 2010)
Student loan funds, exempt from garnishment under federal statute, retain their exempt status after deposit in the student’s bank account.