Change in visitation to seven nights every two weeks was a de facto change of custody subject to the statutes on custody modification. When considering changing a decree for joint legal custody, the court must consider the joint legal custody factors in IC 31-17-2-15 in addition to the standard factors in IC 31-17-2-8.
Civil
Boone v. Boone, No. 45A03-0906-CV-243, __ N.E.2d __ (Ind. Ct. App., Mar. 31, 2010)
Divorce court could not order support retroactive to a date seventeen months prior to the filing of the dissolution action.
Rieth-Riley Construction Co. v. Gibson, No. 64A04-0908-CV-445, __ N.E.2d __ (Ind. Ct. App., Mar. 25, 2010)
“Discovery rule” for tolling statute of limitations does not apply when plaintiff knew of injury but did not discover identity of tortfeasor until limitations period had run.
Siwinski v. Town of Ogden Dunes, No. 64A03-0909-CV-429, __ N.E.2d __ (Ind. Ct. App., Mar. 16, 2010)
Short-term rental of single family residence was not a “commercial” activity in violation of a zoning ordinance which limited “R” zones to “single-family dwelling” without expressly prohibiting short-term rentals.
A.M.B. v. Indiana Department of Child Services, No. 45A03-0910-JV-476, __ N.E.2d __ (Ind. Ct. App., Mar. 12, 2010)
When final involuntary termination hearing was virtually concluded by the time mother arrived, court denied due process when it finished without allowing mother to testify.