Proximate cause, comparative fault allocation, and whether (and to what extent) defendant acted as a “reasonably prudent person” are questions of fact for the fact-finder to resolve.
In re Paternity of K.I., No. 13S05-0805-JV-213, ___ N.E.2d ___ (Ind., Mar. 25. 2009)
Whether a grandparent is entitled to visitation when custody is modified from that grandparent to a natural parent is determined by the grandparent visitation statute, not the de facto custodian statute.
Deutsche Bank Nat'l Trust Co. v. Mark Dill Plumbing Co., No. 87A01-0807-CV-307, ___ N.E.2d ___ (Ind. Ct. App., Mar. 25, 2009)
Trial court did not err in denying mortgage owner’s request for a “strict foreclosure” where mortgage owner failed to make junior lienholders parties to the foreclosure action.
Attaway v. Omega, No. 11A01-0712-CV-608, ___ N.E.2d ___ (Ind. Ct. App., Mar. 13, 2009)
Trial court properly denied motion to dismiss for lack of personal jurisdiction, because defendants-eBay sellers purposefully availed themselves of the privilege of conducting activities within Indiana.
In re N.E., No. 49A02-0806-JV-522, ___ N.E.2d ___ (Ind. Ct. App., Mar. 19, 2009)
Where DCS alleged Child to be a CHINS with respect to Mother, but not with respect to Father, Court of Appeals remanded the case for determination of whether Father is willing and able to appropriately parent Child.