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Case Clips

Published by the Indiana Office of Court Services

G. Slaughter

In re Eq.W., No. 18S-JC-603, __ N.E.3d __ (Ind., June 27, 2019).

July 1, 2019 Filed Under: Civil Tagged With: G. Slaughter, S. David, Supreme

The claim preclusion branch of res judicata applies to CHINS proceedings; if the State wishes to refile after a CHINS petition is dismissed, it must show that the new CHINS petition contains allegations of material fact that could not have been included in the dismissed action.

Morrison v. Vasquez, No. 19S-CT-382, __ N.E.3d __ (Ind., June 27, 2019).

July 1, 2019 Filed Under: Civil Tagged With: G. Slaughter, S. David

A domestic organization’s actual principal office and not the location of its registered agent is the appropriate preferred venue.

Horner v. Curry, No. 18S-PL-333, __ N.E.3d __ (Ind., June 27, 2019).

July 1, 2019 Filed Under: Civil Tagged With: G. Slaughter, L. Rush, M. Massa, Supreme

It is constitutional that the legislature has directed that funds collected under the Indiana’s Civil Forfeiture Statute reimburse law enforcement costs before the transfer of proceeds from seized property to the Common School Fund.

In re Unsupervised Estate of Orlando C. Lewis, Jr., No. 18S-EU-507, __ N.E.3d __ (Ind., June 3, 2019).

June 10, 2019 Filed Under: Civil Tagged With: G. Slaughter, Supreme

Trial court properly exercised its discretion to reconsider its initial appointment of the special administrator of an estate. Though not required by statute or trial rule, courts should nevertheless give notice and hold a hearing before appointing a special administrator or rescinding such an appointment.

O’Bryant v. Adams, No. 18S-PL-584, __ N.E.3d __ (Ind., June 4, 2019).

June 10, 2019 Filed Under: Civil Tagged With: G. Slaughter, Supreme

A valid forum-selection clause, in which the parties agree by contract to litigate their disputes in a specific forum, does not deprive a trial court of personal jurisdiction over parties that would otherwise be subject to the court’s jurisdiction.

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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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