Mortgage granted by Holland as surety for a note was unenforceable when the mortgage provided incorrectly that Thompson was a co-maker of the note, when in fact Thompson was only a guarantor on the note.
Civil
In re Adoption of N.W., No. 71A04-1002-AD-127, __ N.E.2d __ (Ind. Ct. App., Sept. 16, 2010)
When Mother had some income but by agreement had no support obligation, and provided the child with housing, food, and other necessities, there was a failure to prove by clear and convincing evidence Mother’s consent was not required for adoption.
Indiana Patient's Compensation Fund v. Brown, No. 49A02-1001-CT-80, __ N.E.2d __ (Ind. Ct. App., Sept. 17, 2010)
Adult wrongful death statute allows parents to recover damages for loss of adult child’s services.
Kalwitz v. Kalwitz, No. 46A03-0912-CV-574, __ N.E.2d __ (Ind. Ct. App., Sept. 20, 2010)
As all small claims defenses are deemed at issue without a responsive pleading, a litigant wanting an “automatic” small claims change of judge must request it within 30 days of the date the case is placed on the CCS as having been filed.
In the Matter of the Commitment of A.L., No. 49A02-1001-MH-76, __ N.E.2d __ (Ind. Ct. App., Sept. 23, 2010)
Even though petition for emergency detention alleged only severe disability as a basis, trial court could properly rely in its decision on dangerousness as well.