Plaintiff may pursue excess damages from the Patient’s Compensation Fund either after a jury trial or after he has entered into a settlement agreement; nothing in the Medical Malpractice Act requires plaintiff to accept doctor’s offer to settle his liability.
E. Najam
Luster v. State, No. 19A-CR-129, __ N.E.3d __ (Ind. Ct. App., July 15, 2019).
A trial court must consider evidence of defendant’s lack of competency prior to a hearing on the State’s petition to revoke placement in community corrections.
State v. Lawson, Inc., No. 60C02-1502-PL-54, __ N.E.3d __ (Ind. Ct. App., June 26, 2019).
Under the Uniform Fraudulent Transfer Act, husband’s equitable interest in property did not entitle him to the half of the proceeds from the sale of property; a defrauded creditor is entitled to the full value of the fraudulently transferred property at the time of the transfer.
Flat Rock River Lodge v. Stout, No. 18A-CC-1919., __ N.E.3d __ (Ind. Ct. App., June 14, 2019).
Interest held in a joint tenancy with right of survivorship is not exempt from execution on a judgment lien.
Alcorn v. State, No. 18A-CR-2849, __ N.E.3d __ (Ind. Ct. App., May 28, 2019).
The trial court did not abuse its discretion when it found the county auditor in contempt for having failed to pay the court’s payroll voucher.