Clark and Lambert holdings on incarceration’s effect on child support apply only to petitions to modify granted after Lambert was decided, and a modification based on incarceration can relate back no further than the date of the petition to modify.
F. Sullivan
Klotz v. Hoyt, No. 18S02-0807-CV-391, ___ N.E.2d ___ (Ind., Jan. 22, 2009)
Klotz v. Hoyt (Ind., Dickson, J.) – Landlord’s untimely or inadequate statutory damage notice to tenant precludes only landlord’s claims for physical damage to the premises and does not bar landlord from recovery of unpaid rent and other losses.
Wagler v. West Boggs Sewer District, Inc., No. 14S00-0710-CV-397, ___ N.E.2d ___ (Ind., Dec. 24, 2008)
Sewer districts have authority to condemn land via eminent domain.
Newkirk v. Bethlehem Woods Nursing & Rehab. Ctr., LLC, No. 90S05-0812-CV-768, ___ N.E.2d ___ (Ind., Dec. 24, 2008)
The statute of limitations for the Indiana Wrongful Death Act (“WDA”) can expire before the statute of limitations for an underlying substantive tort claim, and vice versa. See also Technisand, Inc. v. Estate of Melton ex rel. Melton, — N.E.2d —, No. 30S01-0801-CV-28, slip op. (Ind. Dec. 24, 2008).