The Indiana Supreme Court has granted transfer to three cases, including one that led to a split in the lower appellate court in a child support case.
In Annette (Oliver) Hirsch v. Roger Lee Oliver, No. 29S02-1109-DR-530, the Indiana Court of Appeals was split in a child support case on what state statute defines as “enrolled” in college. Father Roger Lee Oliver petitioned to have his youngest daughter emancipated after she withdrew from college courses less than two weeks after starting classes.
The majority held the trial court should have found that the daughter was enrolled in college, regardless if she completed courses or not, and that she wasn’t capable of supporting herself despite having a job. Judge John Baker dissented on the emancipation date, as the relevant statute – Indiana Code 31-16-6-6 – doesn’t define “enroll.” The judge also believed the majority reweighed evidence in coming to their decision.
In Hannah Lakes v. Grange Mutual Casualty Co., No. 89S05-1109-CT-531, the Court of Appeals reversed summary judgment for Grange Mutual, finding that Hannah Lakes was entitled to underinsured motorist coverage under her sister’s policy and that $44,900 is available to her under Grange Mutual’s coverage. Lakes was riding in the car driven by her sister Anitra when they were in a car accident. The trial court had found that the other driver was not underinsured so Lakes wasn’t entitled to UIM benefits under Anitra’s policy.
According to the transfer list, the justices also accepted Robert L. Smith v. State of Indiana, No. 49S1109-CR-529, on Aug. 10. That case did not appear before the COA.