Articles

Opinions June 23, 2023

Court of Appeals of Indiana
In re the Supervised Estate of Gene D. Bricker, Deceased Ann Bricker v. The Estate of Gene D. Bricker and Dennis Bricker
23A-ES-3
Estate supervised. Affirms the Hancock Superior Court’s denial of Ann Bricker’s petition to have real estate and a farm account included in Gene Bricker’s estate. Finds there is some similarity between transfer-on-death transfers and a trust designed to defeat a surviving spouse’s share, but concludes the TOD transfers in this case cannot be included in Gene Bricker’s estate. Also finds TOD transfers cannot be found to be “testamentary in nature” for purposes of the state’s spousal inheritance statute.

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Opinions June 22, 2023

Court of Appeals of Indiana
In The Matter of L.S., a Child in Need of Services, J.C. v. Indiana Department of Child Services
22A-JC-2822
Juvenile CHINS. Dismisses father J.C.’s appeal of the Vanderburgh Superior Court’s denial of his motion to modify the placement of his child, L.S. Finds father’s notice of appeal indicates that the order denying the modification is a final appealable order, but it is not. Also finds father did not seek an interlocutory appeal. Finally, finds the Court of Appeals lacks appellate jurisdiction.

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Opinions June 21, 2023

Indiana Supreme Court
Kathryn Davidson v. State of Indiana, et al.
22S-CT-318
Civil tort. Affirms the Monroe Circuit Court’s judgment dismissing Kathryn Davidson’s lawsuit with prejudice and denying Davidson’s motions to correct error and to amend her complaint. Finds claim preclusion does not apply but issue preclusion does, and the trial court was correct in dismissing Davidson’s action on the latter ground. Also finds the trial court was not obliged to review the Rule 12 motions as motions under Rule 56. Finally, finds the trial court was entitled to dismiss the action with prejudice, so it did not violate Davidson’s due process rights.

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