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Case Clips

Published by the Indiana Office of Court Services

Civil

In re N.S. and J.M., No. 32A05-0902-JV-78, ___ N.E.2d ___ (Ind. Ct. App., June 30, 2009)

July 2, 2009 Filed Under: Civil Tagged With: Appeals, C. Bradford

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)

June 26, 2009 Filed Under: Civil Tagged With: Appeals, M. Barnes

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)

June 26, 2009 Filed Under: Civil Tagged With: Appeals, P. Riley

Because inmate’s claims were neither legally nor factually frivolous, trial court erred in dismissing his complaint under the Frivolous Claim Law.

Breaston v. State, No. 20S04-0810-CR-561, __N.E.2d __ (Ind., June 16, 2009)

June 24, 2009 Filed Under: Civil Tagged With: B. Dickson, Supreme

Rule that habitual offender portions of sentences cannot be consecutive applies even when mandatory consecutivity statute applies.

Burke v. Bennett, No. 84S01-0904-CV-148, ___ N.E.2d ___ (Ind., June 16, 2009)

June 24, 2009 Filed Under: Civil Tagged With: B. Dickson, Supreme

Mayoral candidate’s allegation that his opponent was disqualified due to certain pre-election employment was inapplicable to establish ineligibility in a post-campaign election contest.

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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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