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Thursday, July 19, 2007

Ind. Decisions - Supreme Court grants transfers today in three civil cases

Michael Cubel v. Debra Cubel , which was a 14-page NFP opinion issued 4/30/07 where Judge May concluded:

We find no abuse of discretion in the court’s order regarding temporary maintenance or in the majority of the court’s orders regarding child support. However, because the court’s order does not suggest the court considered Brittany’s ability to obtain loans or maintain employment while in college and does not require her to be responsible for any portion of her education, we must remand for the court to reconsider that small portion of its order. Affirmed in part, reversed in part.
American Fire & Cas. Co. v. Direction in Design, Inc., which was an 18-page opinion issued 2/8/07 where Judge Mathias wrote the main opinion that concluded:
Genuine issues of material fact remain as to coverage under the Policy. Therefore, we affirm the trial court’s denial of summary judgment and remand with instructions to try the contractual coverage issues, and if necessary, to determine whether American Fire should be estopped from denying coverage under the Policy.
and Judge Barnes wrote a separate concurring opinion beginning on p. 12.

Rebecca Shaw v. LDC Enterprises, Inc. is a 15-page, 3/30/07 opinion by Judge May (see ILB entry here). This was a choice of law case involving, inter alia, the availability of relief under the Illinois and Indiana dram shop acts. The decision is also mentioned at the end of this May 13, 2007 ILB entry.

Posted by Marcia Oddi on July 19, 2007 03:42 PM
Posted to Ind. Sup.Ct. Decisions | Indiana Transfer Lists