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Case Clips

Published by the Indiana Office of Court Services

Civil

In re Termination of Parent-Child Relationship of I.B., No. 03A05-0912-JV-676, ___ N.E.2d ___ (Ind. Ct. App., Feb. 17, 2010)

February 19, 2010 Filed Under: Civil Tagged With: Appeals, C. Darden

Trial court did not err in denying appellate counsel for mother in TPR proceedings; even if mother had requested appellate counsel, she failed to make any effort for the purpose of an appeal and was unlikely to prevail on the merits.

Bishop v. Housing Auth. of South Bend, No. 71A03-0906-CV-273, ___ N.E.2d ___ (Ind. Ct. App., Feb. 1, 2010)

February 19, 2010 Filed Under: Civil Tagged With: Appeals, C. Darden

Tenant had right to jury trial on the ultimate outcome of ejectment proceedings, but not on the prejudgment immediate possession hearing.

State ex rel. Crain Heating Air Cond. & Refrig., Inc. v. Clark Circuit Court, No. 10S00-0910-OR-500, ___ N.E.2d ___ (Ind., Feb. 17, 2010)

February 19, 2010 Filed Under: Civil Tagged With: Per Curiam, Supreme

If a ruling involves the granting, modifying, or dissolving of a temporary or preliminary injunction and has not been entered within ten days after the hearing thereon, there has been a delay in ruling and an interested party may immediately praecipe for withdrawal under the procedure provided in Trial Rule 53.1(E); it is not necessary for a party to await the thirty-day period described in Trial Rule 53.1(A) before filing a praecipe for withdrawal.

Bules v. Marshall County, No. 50S03-1001-CV-57, ___ N.E.2d ___ (Ind., Jan. 27, 2010)

January 29, 2010 Filed Under: Civil Tagged With: B. Dickson, Supreme, T. Boehm

The Indiana Tort Claims Act’s immunity for losses caused by temporary weather conditions during the period of reasonable response to a weather condition lasts at least until the weather condition has stabilized.

Johnson v. Johnson, No. 46S04-0907-CV-00346, ___ N.E.2d ___ (Ind., Jan. 28, 2010)

January 29, 2010 Filed Under: Civil Tagged With: R. Shepard, Supreme

Dissolution agreement for husband to pay wife for her interest in the family farm, although silent on the subject, must have contemplated the regular annual renewal of the farm’s debt to finance its operations, but not the higher level of debt necessary to finance husband’s obligations to wife; trial court erred in modifying wife’s lien to allow husband to finance his divorce obligations.

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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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