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Case Clips

Published by the Indiana Office of Court Services

Civil

Yergy’s State Road BBQ, LLC v. Wells Co. Health Dept., No. 21A-PL-2593, __ N.E.3d __ (Ind. Ct. App., May 19, 2022).

May 23, 2022 Filed Under: Civil Tagged With: Appeals, R. Pyle

Trial court properly dismissed as moot a complaint regarding the Governor’s face mask requirement during COVID-19 because the executive order was no longer in place.

Israel v. Israel, No. 21A-DC-1063, __ N.E.3d __ (Ind. Ct. App., May 16, 2022).

May 16, 2022 Filed Under: Civil Tagged With: Appeals, M. Bailey

Non-disparagement clause in divorce decree amounted to an unconstitutional prior restraint on speech because it forbade the parties from making disparaging remarks about the other when outside the presence of the child.

Cole v. Cole, No. 21A-MI-2415, __ N.E.3d __ (Ind. Ct. App., April 28, 2022).

May 2, 2022 Filed Under: Civil Tagged With: Appeals, P. Mathias

Under the Hague Convention, interests of children in matters relating to their custody are best served when decisions are made in the child’s country of habitual residence. Determination of a child’s habitual residence is fact-intensive and varies with the circumstances of each case.

B.M. v. A.J, No. 21A-PO-2290, __ N.E.3d __ (Ind. Ct. App., April 29, 2022).

May 2, 2022 Filed Under: Civil Tagged With: Appeals, E. Brown

Trial court judge’s statements throughout protection order hearing demonstrate that judge failed to preside over the hearing as a neutral, impartial decision maker and violated defendants’ due process rights.

Legacy Builders Ind., Inc. v. Crocker No. 21A-CT-2255, __ N.E.3d __ (Ind. Ct. App., April 29, 2022).

May 2, 2022 Filed Under: Civil Tagged With: Appeals, E. Tavitas

Trial court lacked personal jurisdiction over defendants because plaintiff failed to serve a summons with the complaint.

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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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