Ind. Code § 32-28-3-17, on forum selection clauses, should be read broadly to apply to all contracts for the improvement of real estate in Indiana.
Civil
Prater v. Wineland, No. 20A-GU-895, __ N.E.3d __ (Ind. Ct. App., Nov. 30, 2020).
In a guardianship, trial court erred in denying mother’s petition for visitation of her child without a hearing.
R.W. v. J.W., No. 19A-PO-2697, __ N.E.3d __ (Ind. Ct. App., Nov. 13, 2020).
The existence of an emergency order of protection issued in Illinois in favor of one party did not require the trial court to transfer the other party’s Indiana petition for protective order to Illinois under Ind. Code § 34-26-5-6(4).
Ind. Land Trust Co. v. XL Investment Properties, LLC, No. 20S-MI-62, __ N.E.3d __ (Ind., Oct. 27, 2020).
Auditor gave adequate notice reasonably calculated to inform property owner of the impending tax sale of the property by first sending notice by first class and certified mail to the address listed on the deed for the property, and then publishing notice. The auditor was not required to search its internal records for a better tax sale notice address.
Brown v. Ind. Dept. of Environmental Management, No. 20S-MI-609, __ N.E.3d __ (Ind., Oct. 21, 2020).
Vacates the portion of the Court of Appeals decision that makes the broad statement that law-of-the-case doctrine “is applicable only when an appellate court determines a legal issue, not a trial court.”