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Case Clips

Published by the Indiana Office of Court Services

In re C.G., No. 49S04-1101-JT-4, ___ N.E.2d ___ (Ind., Oct. 11, 2011).

October 13, 2011 Filed Under: Juvenile Tagged With: S. David, Supreme

Adopts the factors set out in State of West Virginia ex rel. Jaenette H., 529 S.E.2d at 877 (W.Va. 2000) for trial courts to determine whether an incarcerated parent is permitted to attend a hearing on the termination of his or her parental rights.

Allen v. Clarian Health Partners, Inc., No. 49A02-1011-CT-117, ___ N.E.2d ___ (Ind. Ct. App., Oct. 12, 2011).

October 13, 2011 Filed Under: Civil Tagged With: Appeals, E. Najam

A complaint challenging reasonableness of the fees the defendant hospital charged the plaintiffs states a claim for breach of contract because no price was specified in the contracts; plaintiffs only agreed to pay a reasonable charge for defendant hospital’s services, and if the fees charged are unreasonable this would constitute a breach of contract.

Anderson v. Anderson, No. 47A01-1104-DR-159, ___ N.E.2d ___ (Ind. Ct. App., Oct. 12, 2011).

October 13, 2011 Filed Under: Civil Tagged With: Appeals, E. Friedlander

Indiana Child Support Guideline 3 allows periodic Social Security Disability payments to be applied against a support arrearage that accumulated before the filing of a petition to modify support.

Douglas v. State, No. 40A01-1009-DR-466, ___ N.E.2d ___ (Ind. Ct. App., Oct. 12, 2011).

October 13, 2011 Filed Under: Civil Tagged With: Appeals, P. Mathias

Incarceration for nonsupport of a dependent child can amount to a change in circumstances so substantial and continuing as to make the terms of an existing child support order unreasonable.

GVVK v. State, No. 29A02-1012-CR-1418, __ N.E.2d __ (Ind. Ct. App., Oct. 5, 2011).

October 7, 2011 Filed Under: Criminal Tagged With: Appeals, C. Darden

Modification of D felony operating while habitual traffic violator to A misdemeanor changes also provides that defendant’s driving privileges are suspended, not forfeited.

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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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