In a dissolution case, trial court erred by including in the marital estate the value of a residence titled in husbandâ’s parents’ name, because his parents were not joined as necessary nonparties pursuant to Indiana Trial Rule 7(B).
Civil
In re Adoption of Unborn Child B.W., No. 03S04-0810-CV-560, ___ N.E.2d ___ (Ind., June 26, 2009)
Biological father’s consent to the adoption of his child was not irrevocably implied when he failed to file a motion to contest in the adoption court but did take concurrent steps to establish paternity and preserve and assert his parental rights in another court.
In re N.S. and J.M., No. 32A05-0902-JV-78, ___ N.E.2d ___ (Ind. Ct. App., June 30, 2009)
Trial court erred by ordering that DCS pay the GAL fees associated with the underlying CHINS proceedings; Indiana Code §§ 31-40-3-2 and 33-24-6-4 require that the county, not DCS, is responsible for the GAL fees.
Washington Twp. Fire Dep't v. Beltway Surgery Ctr., No. 93A02-0811-EX-1006, ___ N.E.2d ___ (Ind. Ct. App., June 24, 2009)
The employer of an injured employee bears the burden of proving that a medical service provider’s bill exceeds the Worker’s Compensation 80th percentile standard.
Smith v. Wrigley, No. 33A05-0903-CV-156, ___ N.E.2d ___ (Ind. Ct. App., June 25, 2009)
Because inmate’s claims were neither legally nor factually frivolous, trial court erred in dismissing his complaint under the Frivolous Claim Law.