“[A] stipulation may be presented to the jury in the form of a preliminary instruction.”
When Mother would receive a $4,000 tax credit for her contributions to child’s college expenses, trial court erred under Support Guideline 8(b) in not giving Father a setoff against his share of the expenses to apportion the credit equitably.
“[A] military spouse may not, by a post-decree waiver of retirement pay in favor of disability benefits or CRSC [Combat Related Special Compensation], unilaterally and voluntarily reduce the benefits awarded the former spouse in a dissolution decree.”
Deere & Co. v. New Holland Rochester, Inc., No. 25A05-1006-CC-367, __ N.E.2d __ (Ind. Ct. App., Oct. 12, 2010)
Purchaser’s reliance on assurances of seller and bank that seller had satisfied liens on sale property was unreasonable and would not avoid the liens; purchaser had to contact lienholder directly.
T.R.W. Vehicle Safety Systems, Inc. v. Moore, No. 73S05-0909-CV-404, __ N.E.2d __ (Ind., Oct. 13, 2010)
Wrongful death damages for dependent child’s loss of father erroneously included period of father’s projected life span after child would be emancipated; remittitur ordered to correct error. When fault had been erroneously attributed to nonparties, retrial of the fault allocation was required.