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Case Clips

Published by the Indiana Office of Court Services

Hicks v. Smith, No. 54A01-0904-CV-189, ___ N.E.2d ___ (Ind. Ct. App., Jan. 19, 2010)

January 22, 2010 Filed Under: Civil Tagged With: Appeals, C. Darden, M. Robb

When husband violated court order by absconding with child and failing to pay child support, trial court did not abuse its discretion in awarding judgment on husband’s child support arrearage to wife.

Henderson v. Henderson, No. 30A04-0907-CV-387, ___ N.E.2d ___ (Ind. Ct. App., Jan. 21, 2010)

January 22, 2010 Filed Under: Civil Tagged With: Appeals, T. Crone

Trial court erred in finding indirect contempt without following the required indirect contempt procedures; trial court also erred in failing to consider evidence at the final hearing on the petition for dissolution of marriage.

Smither v. Asset Acceptance, LLC, No. 55A04-0902-CV-70, ___ N.E.2d ___ (Ind. Ct. App., Jan. 12, 2010)

January 22, 2010 Filed Under: Civil Tagged With: Appeals, M. Barnes

(1) The six-year statute of limtitations on “[a]ctions on accounts and contracts not in writing,” governs credit card accounts; (2) because a credit card is akin to an open account, the statute of limitations begins to run from the date the account is due; (3) whether “the date the account is due” is the date of debtor’s last payment or the next due date, the credit card company in this case filed its lawsuit more than six years after both of those dates; (4) whether a credit card company can invoke an optional acceleration clause to delay the statute of limitations, the credit card company in this case did not properly invoke such a clause, because it did not take any affirmative action to notify the debtor of its intent to do so.

Bowling v. State, No. 68A05-0906-CR-306, __ N.E.2d. __ (Ind. Ct. App., Dec. 30, 2009)

January 11, 2010 Filed Under: Criminal Tagged With: Appeals, C. Darden

Interstate Agreement on Detainers 180 day trial right is not triggered until prosecutor and court in prosecution state receive prisoner’s request for trial.

Mogg v. State, No. 29A04-0902-CR-82, __ N.E.2d __ (Ind. Ct. App., Dec. 31, 2009)

January 11, 2010 Filed Under: Criminal Tagged With: Appeals, M. Robb

Proper showing was made for probation revocation evidence of alcohol use generated by Secure Continuous Remote Alcohol Monitor (“SCRAM”) bracelet.

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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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