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Case Clips

Published by the Indiana Office of Court Services

Civil

Wagler v. West Boggs Sewer District, Inc., No. 14S00-0710-CV-397, ___ N.E.2d ___ (Ind., Dec. 24, 2008)

January 9, 2009 Filed Under: Civil Tagged With: F. Sullivan, Supreme

Sewer districts have authority to condemn land via eminent domain.

Newkirk v. Bethlehem Woods Nursing & Rehab. Ctr., LLC, No. 90S05-0812-CV-768, ___ N.E.2d ___ (Ind., Dec. 24, 2008)

January 9, 2009 Filed Under: Civil Tagged With: F. Sullivan, Supreme

The statute of limitations for the Indiana Wrongful Death Act (“WDA”) can expire before the statute of limitations for an underlying substantive tort claim, and vice versa. See also Technisand, Inc. v. Estate of Melton ex rel. Melton, — N.E.2d —, No. 30S01-0801-CV-28, slip op. (Ind. Dec. 24, 2008).

Gibson v. Indiana Dep't of Correction, No. 49A04-0803-CV-165, ___ N.E.2d ___ (Ind. Ct. App., Dec. 29, 2008)

January 9, 2009 Filed Under: Civil Tagged With: Appeals, T. Crone

The Sex and Violent Offender Registry statute does not violate sections 12 and 23 of Article 1 of the Indiana Constitution; in addition, the registry statute consistently requires lifetime registration by some but not all violent offenders.

Sommers v. Sommers, No. 49A02-0710-CV-916, ___ N.E.2d ___ (Ind. Ct. App., Dec 29, 2008)

January 9, 2009 Filed Under: Civil Tagged With: Appeals, M. Bailey

Trial court properly confirmed arbitration award where the party challenging it failed to file a motion to vacate, modify, or correct within the time prescribed by the United States Arbitration Act, which the parties agreed would govern any arbitration.

Zaremba v. Nevarez, No. 64A05-0809-CV-524, ___ N.E.2d ___ (Ind. Ct. App., Dec. 30, 2008)

January 9, 2009 Filed Under: Civil Tagged With: Appeals, E. Brown

Trial court abused its discretion when it: (A) determined that a previous dismissal without prejudice could serve as res judicata for a subsequent refiling of the same claim; and (B) stated that a plaintiff who fails to appear one time for trial in a small claims case was required to seek relief pursuant to Ind. Trial Rule 60.

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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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