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.
Civil
Hatter v. Pierce Mfg., Inc., No. 49A02-0907-CV-659, __ N.E.2d __ (Ind. Ct. App., Sept. 7, 2010)
Failure to use the last peremptory against either of the two jurors a party complained should have been dismissed for cause required the party to show the failure to dismiss both of the jurors was erroneous, when court had made the entire venire available for challenges for cause before requiring peremptories to be exercised.
Wolverine Mutual Insurance Co. v. Oliver, No. 20A03-1003-SC-162, __ N.E.2d __ (Ind. Ct. App., Sept. 9, 2010)
Given that Small Claims Rule 4(A) provides that the statute of limitations is “deemed at issue” and that the trial court asked if there was a limitations question at a point when plaintiff could still have litigated it, the court properly decided the case based on the statute of limitations even though defendant had not raised or argued it.
Baker v. Taylor, No. 18S04-1002-CV-118, __ N.E.2d __ (Ind., Sept. 9, 2010)
Holder of a power of attorney who uses the power to create joint survivor accounts acts as a fiduciary whose right in the accounts is presumed invalid. Mere filing with the court of a deposition of a person incompetent under the Dead Man Statute does not waive the Statute’s prohibition of the deposition’s use as evidence.
Regalado v. Eastate of Regalado, No. 64A05-0911-CV-672, ___ N.E.2d ___ (Ind. Ct. App., Aug. 27, 2010)
Indiana Code section 29-1-2-7(b), which governs paternal inheritance to, through, and from a child born out of wedlock, requires a child to show she is a child born out of wedlock; because there was a genuine issue of material fact as to whether the child in this case was a child born out of wedlock, trial court erred in granting summary judgment in the child’s favor.