(1) City waived its challenge based on the magistrate’s lack of authority to grant Plaintiff’s motion to correct error by failing to object until after time for ruling on the motion expired; (2) waiver notwithstanding, trial court properly used a nunc pro tunc order to grant Plaintiff’s motion, because the CCS provides a sufficient written memorial indicating the trial court adopted the magistrate’s recommendation within the required time.
Civil
Lucas v. U.S.A. Bank, N.A., No. 28A01-0910-CV-482, ___ N.E.2d ___ (Ind. Ct. App., Aug. 11, 2010)
Although Mortgage Company’s mortgage foreclosure claim against Homeowners was equitable, Homeowners’ counterclaims based on consumer protection statutes were legal in nature; thus, Homeowners are entitled to a jury trial on their legal claims.
Paloutzian v. Taggart, No. 49A02-0908-CV-817, ___ N.E.2d ___ (Ind. Ct. App., Aug. 13, 2010)
The 2003 amendment to Ind. Code § 30-4-2.1-2, which abrogated the stranger to the adoption rule, applies retroactively to a trust created in 1953 before the settlor’s son adopted two children.
Green Tree Servicing, LLC v. Brough, No. 88A01-0911-CV-550, ___ N.E.2d ___ (Ind. Ct. App., July 26, 2010)
Trial court erred in vacating its order for arbitration, because the arbitration clause in the parties’ contract was not terminated by one party’s bankruptcy discharge.
Spangler v. Bechtel, No. 49A05-0908-CV-482, ___ N.E.2d ___ (Ind. Ct. App., July 27, 2010)
Mother who suffered a stillbirth due to medical malpractice qualified as an injured patient and satisfied the actual victim requirement under the Medical Malpractice Act regardless of whether the malpractice resulted in injuries to the mother, the fetus, or both, and Parents may assert a claim for negligent infliction of emotional distress under the modified impact rule.