Student loan funds, exempt from garnishment under federal statute, retain their exempt status after deposit in the student’s bank account.
Appeals
M.S. v. C.S., No. 03A01-1003-DR-140, __ N.E.2d __ (Ind. Ct. App., Dec. 7, 2010)
Child custody statute does not authorize a parent to obtain “joint custody with third parties by simply filing a joint petition with a trial court, because to do so would allow parents and third parties to circumvent the requirements of the Adoption Act.”
Forman v. Penn, No. 33A01-1007-CT-343, __ N.E.2d __ (Ind. Ct. App., Dec. 8, 2010)
When insurer intervened in tort suit and obtained summary judgment on its declaratory judgment claim it had no duty to defend, without a Trial Rule 54 determination by the trial judge of “no just reason for delay” and “an express direction for the entry of judgment” there was no appealable final judgment on the duty to defend issue.
In the Matter of the Termination of the Parent-Child Relationship of J.S.O., No. 64A05-1005-JT-304, __ N.E.2d __ (Ind. Ct. App., Dec. 7, 2010)
Failure of Child Services to provide father with notice of hearings and copies of all orders in the CHINS phase of proceedings, when Child Services knew father’s name and whereabouts, violated Due Process and required reversal of termination of father’s parental rights.
Britt v. State, No. 02A03-1004-CR-253, __ N.E.2d __ (Ind. Ct. App., Dec. 1, 2010)
Britt v. State (Ind. Ct. App., Mathias, J.)-When robbery defendant called his brother as a witness and did not attack the brother’s credibility, the brother’s prior robbery conviction was inadmissible character evidence.