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Case Clips

Published by the Indiana Office of Court Services

Siwinski v. Town of Ogden Dunes, No. 64A03-0909-CV-429, __ N.E.2d __ (Ind. Ct. App., Mar. 16, 2010)

March 19, 2010 Filed Under: Civil Tagged With: Appeals, J. Kirsch

Short-term rental of single family residence was not a “commercial” activity in violation of a zoning ordinance which limited “R” zones to “single-family dwelling” without expressly prohibiting short-term rentals.

A.M.B. v. Indiana Department of Child Services, No. 45A03-0910-JV-476, __ N.E.2d __ (Ind. Ct. App., Mar. 12, 2010)

March 19, 2010 Filed Under: Civil Tagged With: Appeals, P. Mathias

When final involuntary termination hearing was virtually concluded by the time mother arrived, court denied due process when it finished without allowing mother to testify.

Bass v. Salyer, No. 43A03-0904-CV-186, __ N.E.2d __ (Ind. Ct. App., Mar. 17, 2010)

March 19, 2010 Filed Under: Civil Tagged With: Appeals, E. Najam

Acquisition of riparian rights by prescription was not established by evidence which failed to show claimants had any property interest in the land abutting the riparian area.

Dowell v. State, No. 32S01–1003–PC–136, __ N.E.2d __ (Ind., Mar. 10, 2010)

March 12, 2010 Filed Under: Criminal Tagged With: R. Shepard, Supreme

Expressly adopts “prison mailbox rule” for filings under the appellate rules, but as filing of motion to correct error is subject to the Trial Rules the prisoner’s use of regular mail, rather than registered or certified mail, meant the motion was not filed until received by clerk and here was untimely.

State v. Shackleford, No. 10A01-0907-PC-353, __ N.E.2d __ (Ind. Ct. App., Mar. 10, 2010)

March 12, 2010 Filed Under: Criminal Tagged With: Appeals, J. Baker

Affirms denial of Post-Conviction Rule 1 motion for change of judge.

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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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