The Court of Appeals issued a reminder that trial court magistrates do not have the authority to enter final judgments in civil cases, including juvenile cases.
Miller v. Brown, No. 03A01-1703-DR-512, __ N.E.3d __ (Ind. Ct. App., Sept. 28, 2017).
The trial court erred in entering a post-dissolution order requiring father and mother to combine their individual 529 college savings accounts into a single, jointly owned account.
Cox v. Evansville Police Dep’t., No. 82A01-1610-CT-2299, __ N.E.3d __ (Ind. Ct. App., Sept. 22, 2017).
The police department assumed a non-delegable duty of care to the victim of sexual assault by a police officer that was on duty when the sexual assault occurred and the victim had surrendered her autonomy and control to the officer.
Hope Source v. B.T., No. 49A02-1607-CT-1656, __ N.E.3d __ (Ind. Ct. App., Sept. 20, 2017).
Testimony obtained by facilitated communication is admissible in evidence. The trial court has discretion to determine whether a child is competent to testify based upon the court’s observation of the child’s demeanor and responses to questions posed to him by counsel and the court.
Ind. Ins. Guaranty Assoc. v. Smith, No. 71A03-1703-CT-610, __ N.E.3d __ (Ind. Ct. App., Sept. 25, 2017).
A vehicle that has liability insurance, but was denied coverage, meets the statutory definition of uninsured motor vehicle.