The Court of Appeals issued a reminder that trial court magistrates do not have the authority to enter final judgments in civil cases, including juvenile cases.
P. Mathias
Ellis v. Keystone Construction Corp., No. 32A01-1607-PL-1477, __ N.E.3d __ (Ind. Ct. App., Sept. 5, 2017).
By intentionally omitting his claimed ownership interest in a company from his dissolution Settlement Agreement, plaintiff is now judicially estopped from asserting a claim of an ownership interest in the company.
AAA Federal Credit Union v. Ind. Dept. of Transportation, No. 71A03-1609-PL-2091, __ N.E.3d __ (Ind. Ct. App., July 7, 2017).
In an inverse condemnation case, landowner does not have a property interest in the free flow of traffic from a particular road or in continuing to abut a particular type of road.
Campbell v. George, No. 41A01-1607-SC-1723, __ N.E.3d __ (Ind. Ct. App., May 30, 2017).
A magistrate cannot enter a final appealable order in a small claims case.
Elwood v. Parker, No. 46A05-1609-DR-2005, __ N.E.3d __ (Ind. Ct. App., May 30, 2017).
A parent is not relieved of a child support arrearage even if 20 years have passed since the divorce, children were alienated from the parent by the other parent, or a third party acted in loco parentis and supported the children.