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Case Clips

Published by the Indiana Office of Court Services

Civil

Zelman v. Capital One Bank (USA), N.A., No. 19A-CC-989, __ N.E.3d __ (Ind. Ct. App., Oct. 8, 2019).

October 14, 2019 Filed Under: Civil Tagged With: Appeals, M. Bailey

Affidavit of Debt did not lay a proper foundation to authenticate the Customer Agreement or credit card statements as business records admissible under Evidence Rule 803(6)’s hearsay exception; bank failed to designate admissible evidence establishing that defendant had opened a credit card account with the bank and that defendant owed the bank the amount alleged in the compliant.

Int’l Bus. Machines Corp. v. State, No. 49D01-1005-PL-21451, __ N.E.3d __ (Ind., Oct. 11, 2019).

October 14, 2019 Filed Under: Civil Tagged With: G. Slaughter, S. David, Supreme

Post-judgment interest due to the State runs from the judgment on remand; the date of the original judgment was not final.

Clark v. Mattar, No. 19A-CT-380, __ N.E.3d __ (Ind. Ct. App., Oct. 4, 2019).

October 7, 2019 Filed Under: Civil Tagged With: Appeals, C. Bradford

Trial court abused its discretion in denying for-cause challenge to juror who indicated that he would be unable to sit on a jury asked to determine damages for non-economic loss, which plaintiff was seeking.

In re J.C., No. 19A-JT-350, __ N.E.3d __ (Ind. Ct. App., Sept. 24, 2019).

September 30, 2019 Filed Under: Civil, Juvenile Tagged With: Appeals, P. Mathias, R. Pyle

Trial court did not err by denying Mother’s motion to dismiss the petition to terminate her parental rights because the evidentiary hearings were not completed within the statutory 180-day time frame when Mother affirmatively waived the time frame.

Feather Trace Homeowners Assoc., Inc. v. Luster, No. 19A-SC-300, __ N.E.3d __ (Ind. Ct. App., Sept. 24, 2019).

September 30, 2019 Filed Under: Civil Tagged With: Appeals, J. Baker

Abrogation of homeowners’ association dues and assessments is not the appropriate remedy for an owner’s dissatisfaction with the way the HOA is performing or the conditions or quality of the neighborhood and its amenities.

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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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