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Tuesday, August 07, 2007

Ind. Decisions - Supreme Court grants transfer in three cases today

Transfers have been granted today by the Supreme Court in three cases:

Emma McPeek v. Charles McCardle (5/17/07), where the COA held "We hold, therefore, that where, as here, a couple has complied with Indiana’s requirements regarding marriage licenses, certificates, and solemnizations, their marriage is not void even if the ceremony took place in another state and did not comply with that state’s law or public policy." [See ILB entry here. ]

Randolph County v. Leanne Chamness (1/12/07), where the COA ruled: "Appellant-defendant Randolph County, Indiana (Randolph County), brings this interlocutory appeal from the trial court’s denial of Randolph County’s motion to transfer venue. In particular, it argues that Randolph County is the preferred venue pursuant to the Indiana Trial Rules. Finding that the injury complained of by appellee-plaintiff Leanne Chamness occurred in Randolph, rather than Delaware, County, we reverse the judgment of the trial court and order it to grant the motion to transfer venue." There was a dissent. [See ILB entry here - 4th decision.]

Querrey & Harrow v. Transcontinental Ins. Co. (2/19/07), where the COA ruled: "Defendants-Appellees raise numerous issues, which we consolidate as: I. Whether the trial court erred in holding that Indiana allows an excess insurer to bring an action for legal malpractice against an insured’s attorneys. II. Whether the trial court erred in holding there was a genuine issue of material fact as to whether an attorney-client relationship existed between the insured’s attorneys and CNA. III. Whether CNA’s legal malpractice action was timely filed. * * * We remand with instructions that the trial court enter summary judgment for Querry and Sanders." [See ILB entry here.]

Posted by Marcia Oddi on August 7, 2007 02:45 PM
Posted to Indiana Transfer Lists