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Case Clips

Published by the Indiana Office of Court Services

Appeals

Hizer v. Holt, No. 71A03-1002-PL-127, __ N.E.2d __ (Ind. Ct. App., Oct. 27, 2010)

October 29, 2010 Filed Under: Civil Tagged With: Appeals, P. Mathias

Home seller may be held liable for fraudulent misrepresentations made on the IC 32-21-5-7 Sales Disclosure Form if the buyer can prove the seller’s actual knowledge of the defect at the time the form is completed.

Branham v. Varble, No. 62A04-1004-SC-256, __ N.E.2d __ (Ind. Ct. App., Oct. 28, 2010)

October 29, 2010 Filed Under: Civil Tagged With: Appeals, E. Friedlander, T. Crone

Small claims proceeding supplemental order to pay $50 per month was based on a proper determination of ability to pay, but order for debtor to make five job applications per week was an abuse of discretion.

Branham v. Varble, No. 62A01-1004-SC-192, __ N.E.2d __ (Ind. Ct. App., Oct. 28, 2010)

October 29, 2010 Filed Under: Civil Tagged With: Appeals, E. Friedlander, T. Crone

Supreme court’s proceeding supplemental procedure for trial court to determine unrepresented debtor’s entitlement to UCCC or resident-householder exemption does not require the trial court to determine unrepresented debtor’s possible entitlement to other exemptions.

Moore v. State, __ N.E.2d __ (Ind. Ct. App., Oct. 21, 2010)

October 22, 2010 Filed Under: Criminal Tagged With: Appeals, M. Robb, N. Vaidik

A woman who was asleep in the passenger seat of her car, which her friend was driving, did not thereby commit the public intoxication offense.

J.B. v. E.B., 34A04-1002-DR-110, __ N.E.2d __ (Ind. Ct. App., Oct. 20, 2010)

October 22, 2010 Filed Under: Civil Tagged With: Appeals, N. Vaidik

J.B. v. E.B. (Ind. Ct. App., Vaidik, J.)-Child custody modification proceeding based on report the son had touched his sister inappropriately was not subject to the counselor/client privilege, so that records of son’s counseling were admissible.

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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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