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Case Clips

Published by the Indiana Office of Court Services

Civil

Eads v. Community Hospital, No. 45A03-0807-CV-350, ___ N.E.2d ___ (Ind. Ct. App., July 23, 2009)

July 29, 2009 Filed Under: Civil Tagged With: Appeals, J. Baker, J. Kirsch

Where plaintiff sued under premises liability for injuries incurred in hospital, but did not appeal trial court’s dismissal of her complaint, the Journey’s Account Statute did not apply to her subsequent medical malpractice lawsuit.

Hoop v. State, No. 49A02-0807-CR-666, __ N.E.2d __ (Ind. Ct. App., July 14, 2009)

July 17, 2009 Filed Under: Civil Tagged With: Appeals, M. May

In contrast to the Fourth Amendment, the Indiana Constitution requires reasonable suspicion before police may conduct a drug dog sniff of a residence.

In re Custody of J.V., No. 27A02-0903-JV-232, ___ N.E.2d ___ (Ind. Ct. App., July 7, 2009)

July 17, 2009 Filed Under: Civil Tagged With: Appeals, P. Mathias

Although evidence supports trial court’s determination that grandmother was de facto custodian, trial court was also required to make findings regarding its determination to award custody to grandmother.

Nicevski v. Nicevski, No. 02A04-0904-CV-188, ___ N.E.2d ___ (Ind. Ct. App., July 8, 2009)

July 17, 2009 Filed Under: Civil Tagged With: Appeals, J. Baker

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).

In re Adoption of Unborn Child B.W., No. 03S04-0810-CV-560, ___ N.E.2d ___ (Ind., June 26, 2009)

July 2, 2009 Filed Under: Civil Tagged With: B. Dickson, R. Shepard, Supreme, T. Boehm

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.

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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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