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Case Clips

Published by the Indiana Office of Court Services

Civil

Fisher v. Giddens, No. 48A02-1002-EU-197, __ N.E.2d __ (Ind. Ct. App., Oct. 21, 2010)

October 22, 2010 Filed Under: Civil Tagged With: Appeals, W. Garrard

When limited partner bought annuity in the name of the limited partnership and then had it put in his own name for tax purposes, the annuity remained partnership property despite the name change.

R.R.F. v. L.L.F., No. 69A01-1001-DR-77, __ N.E.2d __ (Ind. Ct. App., Oct. 8, 2010)

October 15, 2010 Filed Under: Civil Tagged With: Appeals, E. Najam

When Mother would receive a $4,000 tax credit for her contributions to child’s college expenses, trial court erred under Support Guideline 8(b) in not giving Father a setoff against his share of the expenses to apportion the credit equitably.

Bandini v. Bandini, No. 49A04-1001-DR-26, __ N.E.2d __ (Ind. Ct. App., Oct. 8, 2010)

October 15, 2010 Filed Under: Civil Tagged With: Appeals, M. Robb

“[A] military spouse may not, by a post-decree waiver of retirement pay in favor of disability benefits or CRSC [Combat Related Special Compensation], unilaterally and voluntarily reduce the benefits awarded the former spouse in a dissolution decree.”

Deere & Co. v. New Holland Rochester, Inc., No. 25A05-1006-CC-367, __ N.E.2d __ (Ind. Ct. App., Oct. 12, 2010)

October 15, 2010 Filed Under: Civil Tagged With: Appeals, J. Baker

Purchaser’s reliance on assurances of seller and bank that seller had satisfied liens on sale property was unreasonable and would not avoid the liens; purchaser had to contact lienholder directly.

T.R.W. Vehicle Safety Systems, Inc. v. Moore, No. 73S05-0909-CV-404, __ N.E.2d __ (Ind., Oct. 13, 2010)

October 15, 2010 Filed Under: Civil Tagged With: B. Dickson, Supreme

Wrongful death damages for dependent child’s loss of father erroneously included period of father’s projected life span after child would be emancipated; remittitur ordered to correct error. When fault had been erroneously attributed to nonparties, retrial of the fault allocation was required.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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