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| Davis v. State, No. 49A04-0601-CR-19,
COURT OF APPEALS OF INDIANA, December 11, 2006, Decided , December 11, 2006, Filed
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Overview: Motion to suppress was improperly denied in defendant's trial for firearm offenses because officer was precluded from making traffic stop based on his lack of uniform and marked vehicle under Ind. Code § 9-30-2-22 and under totality of circumstances there was not reasonable suspicion as required under Ind. Const. art. I, § 11 and Fourth Amendment.
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| Filip v. Block, No. 75A05-0601-CV-10,
COURT OF APPEALS OF INDIANA, December 11, 2006, Decided , December 11, 2006, Filed
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Overview: Lawsuit against an insurer and its agent was filed within the two year limitations period set forth in Ind. Code § 34-11-2-4 when it was filed within months of a fire to the insured property, and there was an issue of material fact concerning the insureds' reasonable reliance on the agent's representations. Summary judgment was granted in error.
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| Gast v. Hall, No. 64A03-0511-CV-531,
COURT OF APPEALS OF INDIANA, December 11, 2006, Decided , December 11, 2006, Filed
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Overview: Summary judgment entered in favor of the executor was reversed because plaintiffs had offered sufficient evidence of a genuine issue of fact concerning the competency of the deceased at the time he executed the will at issue. Evidence of the deceased's competency from a mediator did not violate confidentiality requirements of Ind. A.D.R. 2.11.
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| In re Estate of Wheat, No. 31A01-0601-CV-28,
COURT OF APPEALS OF INDIANA, December 11, 2006, Decided , December 11, 2006, Filed
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Overview: It was not error for the trial court to find that the personal representative could be liable for inheritance tax and penalties incurred by the estate to the extent that the representative was negligent for not paying the estate obligations, pursuant to Ind. Code § 29-1-16-1. Representative was not liable for miscalculations made of distributions.
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| Shady v. Shady, No. 53A01-0605-CV-222,
COURT OF APPEALS OF INDIANA, December 11, 2006, Decided , December 11, 2006, Filed
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Overview: Ind. Code § 31-17-4-1, which governed parenting time, did not require trial court to consider specified factors, and whatever value in considering factors listed in Ind. Code § 31-17-2-8, if any, in making parenting time determination, such consideration was not required; thus, trial court did not err in failing to apply statutory factors.
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| Zoller v. Zoller, No. 15A01-0606-CV-237,
COURT OF APPEALS OF INDIANA, December 11, 2006, Decided , December 11, 2006, Filed
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Overview: Decision of the trial court awarding interest to the wife, pursuant to Ind. Code Ann. § 24-4.6-1-101 (2006), when the husband failed to pay a lump sum payment awarded in a divorce decree was affirmed because the payment was a judgment pursuant to Ind. R. Trial P. 54. The husband's estoppel argument was without merit.
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