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Wednesday, February 13, 2013

Ind. Decisions - Court of Appeals issues 1 today (and 5 NFP)

For publication opinions today (1):

In In the Matter of the Estate of Samuel L. Tolley, Deceased; First Merchants Bank, N.A. v. Duane Earl Tolley, and Betty June Tolley, an 18-page opinion, Judge Brown writes:

First Merchants Bank, N.A., (“First Merchants”) appeals the trial court’s order granting summary judgment to the Estate of Samuel Tolley (the “Estate”). First Merchants raises one issue which we revise and restate as whether the court erred in granting the Estate’s motion for summary judgment and in denying its motion for summary judgment. We reverse and remand. * * *

This case requires us to interpret the statutes relating to notice requirements in the Probate Code. * * *

We begin with a discussion of the difference between a nonclaim statute and a statute of limitation as well as the difference between nonclaim statutes that are self-executing and those that are not self-executing. * * *

Based upon the designated evidence, we cannot say that First Merchants received proper notice. Accordingly, First Merchants’ claims filed on July 26, 2011 which occurred within nine months of Samuel’s death were timely filed.

For the foregoing reasons, we reverse the trial court’s grant of summary judgment to the Estate and denial of First Merchants’ motion for summary judgment. We remand for proceedings consistent with this opinion.

NFP civil opinions today (2):

Term. of the Parent-Child Rel. of: A.C., Minor Child, K.W., Mother, and J.C., Father v. Indiana Dept. of Child Services (NFP)

Term. of the Parent-Child Rel. of: T.B., M.B., and L.B., (Minor Children), and J.B., (Father) v. Indiana Dept. of Child Services (NFP)

NFP criminal opinions today (3):

Robert Powell v. State of Indiana (NFP)

Julia Patterson v. State of Indiana (NFP)

Lee Ross v. State of Indiana (NFP)

Posted by Marcia Oddi on February 13, 2013 09:52 AM
Posted to Ind. App.Ct. Decisions