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| Augle v. Augle, No. 75A05-0610-CV-603,
COURT OF APPEALS OF INDIANA, July 2, 2007, Decided, July 2, 2007, Filed
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Overview: The trial court erred in holding that a husband did not have to comply with a postnuptial agreement provision requiring that he name the wife as a life insurance beneficiary. There had been no finding of fraud, duress, other imperfections of consent, or manifest inequities, only that the husband wanted to name the children as beneficiaries instead.
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| Brown v. Katz, No. 45A05-0701-CV-43,
COURT OF APPEALS OF INDIANA, July 2, 2007, Decided, July 2, 2007, Filed
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Overview: A trial court did not abuse its discretion in dismissing an attorney's malicious prosecution claim under Ind. R. Trial P. 37 where his privilege log asserted a blanket claim of attorney-client privilege for all documents regarding a prior litigation and he had not asked his client if she would waive the attorney-client privilege.
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| City of Kokomo v. Iseminger, No. 34A02-0701-CV-54,
COURT OF APPEALS OF INDIANA, July 2, 2007, Decided, July 2, 2007, Filed
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Overview: Order enjoining local board of public works and safety from holding further hearings on firefighter disciplinary matter was error because settlement of such a disciplinary matter was consistent with board's authority set forth in Ind. Code § 36-8-3-2. Trial court erred in finding that board lacked authority to reject or approve the agreement.
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| Hornberger v. Farm Bureau Ins., No. 69A01-0611-CV-499,
COURT OF APPEALS OF INDIANA, July 2, 2007, Decided, July 2, 2007, Filed
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Overview: Plaintiff insurer had not waived its subrogation rights under Ind. Code § 27-5-7-5-6(b). The statute required some sort of reciprocal action between an insured and an underinsured motorist; thus, it was not until plaintiff received notice of an agreement between its insured and defendant's insurer that the period to advance payment was triggered.
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| Luphahla v. Marion County Sheriff's Dep't, No. 49A02-0609-CV-752,
COURT OF APPEALS OF INDIANA, July 2, 2007, Decided, July 2, 2007, Filed
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Overview: Plaintiff, who was involved in a collision with a vehicle driven by a sheriff's deputy, had failed to show negligence on the deputy's part. She merely presented evidence that she was involved in an accident and that she sustained injuries as a result; she had not shown that the deputy breached his duty and that this breach caused her injuries.
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| Bowman v. Tippmann Enters., No. 02A05-0701-CV-4,
COURT OF APPEALS OF INDIANA, July 3, 2007, Decided, July 3, 2007, Filed
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Overview: Summary judgment for owner in slip and fall case brought by pedestrian who fell on snow and ice on a sidewalk was proper because the owner had no common law duty of care to the pedestrian. Further, Fort Wayne, Ind., Code § 99.047 was not enacted for protection of individuals using the streets but rather were for benefit of the municipality.
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| Hodges v. Swafford, No. 55A01-0604-CV-166,
COURT OF APPEALS OF INDIANA, July 3, 2007, Decided, July 3, 2007, Filed
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Overview: Because a borrower's monthly payments included an amount to cover the costs of insurance and real estate taxes on the property at issue, the trial court was instructed to hold a hearing to determine the total amount that the borrower paid to the lenders over the course of the loan, less the amounts designated for real estate taxes and insurance.
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| Manley v. State, No. 53A01-0701-PC-43,
COURT OF APPEALS OF INDIANA, July 3, 2007, Decided, July 3, 2007, Filed
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Overview: Because defendant submitted his request for modification long after the statutory 365-day period had lapsed, and there was no evidence that the prosecutor approved his petition for modification, lacking that prerequisite for sentence modification pursuant to Ind. Code § 35-38-1-17(b), the trial court had no authority to grant defendant's request.
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| Kraft v. Kraft, No. 22A04-0612-CV-752,
COURT OF APPEALS OF INDIANA, July 5, 2007, Decided, July 5, 2007, Filed
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Overview: A father was entitled to modify agreed-upon child support under Ind. Code § 31-16-8-1 because he had shown a 20 percent deviation from the child support guidelines. Moreover, the father's substantial decrease in pay due to unavailability of bonuses constituted changed circumstances so substantial and continuing as to make the terms unreasonable.
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