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Opinions Feb. 12, 2014

February 12, 2014
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Indiana Supreme Court
In the Matter of S.D., Alleged to be a Child in Need of Services, J.B. v. Indiana Department of Child Services
49S05-1309-JC-585
Juvenile. Reverses adjudication that S.D. is a child in need of services. S.D. and her siblings were legitimately in need of services when DCS filed its petitions. But by the fact-finding hearing, mother had voluntarily addressed all but one of those concerns to the trial court’s satisfaction. In view of that judgment, the remaining evidence fails to show that mother was likely to need the court’s coercive intervention to complete that final item — and when that coercion is not necessary, the state may not intrude into a family’s life.

Indiana Court of Appeals
Country Contractors, Inc., Stephen Songer, and Jahn Songer v. A Westside Storage of Indianapolis, Inc.
32A01-1304-CC-155
Civil collection. Reverses judgment against the Songers personally for breach of contract and slander of title. The evidence doesn’t support piercing the corporate veil.  Affirms conclusion that Country Contractors slandered Westside Storage’s title as well as the award of attorney fees. When Country filed its lien claim, it had constructive notice that the subcontractors’ lien claim and the release of lien based on Westside’s direct payment to the subcontractors were on file in the county records. Since Country had constructive notice of the entries, its filing of an invalid lien claim constitutes evidence sufficient to support the finding it slandered Westside’s title. Reverses award of delay damages and remands for a recalculation of prejudgment interest.

The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.

 

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