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Tuesday, January 15, 2008

Ind. Decisions - Supreme Court decides two today

In Valerie Raich Baxendale v. Samuel Raich, III, a 10-page, 4-1 opinion, Justice Boehm writes:

In 2006 the General Assembly replaced the single section governing child custody in the event of a relocation with a new chapter 2.2. We hold that under new chapter 2.2 the trial court may, but is not required to, order a change in custody upon relocation. In this case the trial court’s balancing of relevant considerations was not clearly erroneous. * * *

Conclusion: The trial court’s order granting physical custody to Sam is affirmed.

Shepard, C.J., and Dickson and Rucker, JJ., concur.
Sullivan, J., dissents, believing the decision of the Court of Appeals in this case to be correct.

In Sandra and Mark Brinkman v. Anne P. Bueter, M.D., James F. Dupler, M.D., and Women's Health Partnership, a 9-page, 5-0 opinion, Chief Justice Shepard writes:
Patients waited until 2000 to file their medical malpractice complaint even though all underlying events occurred in 1995. Nothing prevented them from filing a complaint within the statutory period, and the defendant medical providers are thus entitled to summary judgment under Indiana’s Medical Malpractice Act.
Note: The ILB experienced difficulty viewing the first page of the Brinkman decision - apparently the Clerk's Office does not yet have all the kinks ironed out.

Posted by Marcia Oddi on January 15, 2008 11:42 AM
Posted to Ind. Sup.Ct. Decisions