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Friday, September 05, 2008

Ind. Decisions - Court of Appeals issues 0 today (and 4 NFP)

For publication opinions today (0):

NFP civil opinions today (2):

Invol. Term. of Parent-Child Rel. of J.C.T.; and S.T. v. Scott Co. Dept. of Child Services (NFP) - "Shannon T. (“Mother”) appeals the involuntary termination of her parental rights, in Scott Circuit Court, to her daughter, J.C.T. On appeal, Mother claims there is insufficient evidence supporting the trial court’s judgment terminating her parental rights to J.C.T. Concluding that the trial court’s judgment is supported by clear and convincing evidence, we affirm."

Timothy Harcharik v. Swiss Reinsurance Corp., d/b/a Swiss Re National, et al (NFP) - "The trial court’s initial order, purportedly an order of dismissal, is silent as to any consideration of extraneous materials. Likewise, the order upon motion to correct error includes no reference to extraneous materials. Therefore, this Court is unable to determine from the trial court’s order of dismissal or from the trial court’s order denying the motion to correct error whether extraneous materials were considered, effectively converting the motion to dismiss into a motion for summary judgment. If so, notice was not afforded the adversely affected party.

"Because the record does not adequately reflect whether this case is in the posture of dismissal or of summary judgment, we are unable to address the merits at this juncture. We reverse and remand for further proceedings consistent with this opinion."

NFP criminal opinions today (2):

Michael Taylor v. State of Indiana (NFP)

James L. Bright v. State of Indiana (NFP)

Posted by Marcia Oddi on September 5, 2008 12:36 PM
Posted to Ind. App.Ct. Decisions