An action commences when the initiating party files the original and necessary copies of the complaint, the prescribed filing fee, and the original and necessary copies of the summons. Delayed filing of an appearance has no impact on the commencement of the action for statute of limitations purposes.
Civil
Small v. Rogers, No. 29A02-1001-PL-30, __ N.E.2d __ (Ind. Ct. App., Nov. 17, 2010)
Co-guarantor who paid some of guaranteed debt was not entitled to contribution from the other guarantor, when the debt had not been reduced to judgment and the amount paid was less than the co-guarantor’s proportionate share of the total guaranteed.
Arlton v. Schraut, No. 79A02-0906-CV-541, __ N.E.2d __ (Ind. Ct. App., Nov. 9, 2010)
Deliberating jury should have been provided with a computer or some other method to view CD exhibits containing high-resolution digital images of plaintiff’s pre-surgery retina; failure of court to provide a viewing method or to give tendered instruction that jury could ask to view the CD images in open court was reversible error.
Blanford v. Blanford, No. 65A01-1004-DR-181, __ N.E.2d __ (Ind. Ct. App., Nov. 10, 2010)
Use of separate child support worksheets, one for each child, to adjust for the different number of overnights each child would have with the noncustodial parent, erroneously inflated the parent’s support obligation under the Guidelines.
Allstate Ins. Co. v. Clancy, No. 45A03-0910-CV-498, __ N.E.2d __ (Ind. Ct. App., Oct. 26, 2010)
Insurance company’s affirmative defense that coverage for husband’s emotional distress claim was “fairly debatable” was not an advice of counsel defense and hence did not waive attorney-client privilege for communications with Allstate’s counsel.