For a tax sale, auditor is still charged with knowledge of the contents of its records and is constitutionally obligated to search those records.
Civil
Edwards v. Edwards, No. 19A-DR-509, __ N.E.3d __ (Ind. Ct. App., July 30, 2019).
Although the US Supreme Court opinion Howell v. Howell holds that state courts are not permitted to order a veteran to indemnify a divorced spouse for the loss of the spouse’s portion of the veteran’s retirement pay caused by the veteran’s waiver of retirement pay to receive service-related disability benefit, the trial court had subject-matter jurisdiction to enter an order on veteran’s retirement pay prior to that opinion.
In re Adoption of C.A.H., No. 19A-AD-240, __ N.E.3d __ (Ind. Ct. App., July 30, 2019).
Father’s consent to adoption was irrevocably implied pursuant to Ind. Code § 31-19-10-1.2(g) because father failed to appear for the final hearing.
Wallen v. Hossler, No. 19A-CT-40, __ N.E.3d __ (Ind. Ct. App., July 23, 2019).
Plaintiff may pursue excess damages from the Patient’s Compensation Fund either after a jury trial or after he has entered into a settlement agreement; nothing in the Medical Malpractice Act requires plaintiff to accept doctor’s offer to settle his liability.
Snyder v. Prompt Medical Transportation, Inc., No. 18A-CT-3112, __ N.E.3d __ (Ind. Ct. App., July 25, 2019).
Claims against Humana are preempted by federal law governing Medicare Part C.