Baker v. Taylor, No. 18A04-0812-CV-746, ___ N.E.2d ___ (Ind. Ct. App., Sept. 8, 2009)

September 11, 2009 | Volume 36 Issue 28 | Filed Under: Civil | Tagged: , ,

Where an account is established by an attorney-in-fact using entirely the funds of a principal, the attorney-in-fact is named joint owner or POD beneficiary, and the principal has no direct involvement in, or even awareness of, the creation of the account, the survivor cannot be presumed the owner of the accounts.

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Rovai v. Rovai, No. 45S03-0812-CV-00628, ___ N.E.2d ___ (Ind.. Sept. 2, 2009)

September 3, 2009 | Volume 36 Issue 27 | Filed Under: Civil | Tagged: ,

Dissolution statutes authorize (but do not require) a court to assess interest in the course of fashioning a just division of assets.

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Walker v. Nelson, No. 49A05-0903-CV-138, ___ N.E.2d ___ (Ind. Ct. App., Aug. 14, 2009)

August 28, 2009 | Volume 36 Issue 26 | Filed Under: Civil | Tagged: , ,

When limiting former custodial parent’s parenting time, trial court erred by not making a specific finding that visitation would endanger child’s physical health or well-being or significantly impair his emotional development.

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In re Paternity of J.J., No. 08A02-0903-JV-280, ___ N.E.2d ___ (Ind. Ct. App., Aug. 25, 2009

August 28, 2009 | Volume 36 Issue 26 | Filed Under: Civil | Tagged: ,

Trial court abused its discretion when it modified custody because of Mother’s relocation without considering all of the factors required by Indiana Code section 31-17-2.2-1(b).

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Elrod v. Brooks, No. 10A01-0903-CV-155, ___ N.E.2d ___ (Ind. Ct. App., July 29, 2009)

August 14, 2009 | Volume 36 Issue 25 | Filed Under: Civil | Tagged: ,

Small claims court abused its discretion when it denied plaintiff the opportunity to present evidence refuting defendant’s counterclaim after defendant presented his evidence.

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