Opinions May 13, 2019

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The following Indiana Tax Court opinion was posted after IL deadline Friday:
Tell City Boatworks, Inc. v. Indiana Department of State Revenue

Tax. Denies in part the Indiana Department of State Revenue’s motion to exclude tax service provider alliantgroup LP’s report,  and/or limit Stacy Little’s testimony on behalf of Tell City Boatworks, Inc. Finds Little may testify only as an expert witness and not a fact witness, and that the Department may conduct additional discovery regarding Little as an expert witness in its litigation against Tell City.  

Monday’s opinions
Indiana Court of Appeals
In re the Termination of the Parent-Child Relationship of S.K., E.K., and M.K. (Minor Children), and S.K., Sr. (Father) v. Indiana Department of Child Services

Juvenile termination. Affirms the Warren Circuit Court’s termination of S.K.’s parental rights to his three minor children, S.K., Jr., E.K. and M.K. after S.K. was convicted of murdering their mother and burning down her home. Finds the termination is in the best interest of the children.

Rea Robinson v. Radley Robinson
Estate. Affirms in part, reverses in part the Lake Superior Court’s grant of summary judgment to Radley Robinson on his complaint for declaratory judgment against his sister Rea Robinson seeking to enforce a transfer on death deed executed by their mother, Miriana. Finds the quitclaim deed signed by Miriana to Rea was a valid and immediate transfer of the real estate under Indiana Code section 32-21-1-15.2. Finds there was no property interest to transfer on Miriana’s death via the TOD deed under I.C. section 32-17-14-19(a), and that, under I.C. section 32-17-14-16(h), the unrecorded quitclaim deed executed and delivered during Miriana’s lifetime terminated the beneficiary designation of the TOD deed “with respect to the property transferred.” Reverses and remands with instructions for the trial court to grant Rea’s summary judgment motion. Judge John Baker concurs in a sperate opinion.

In the Matter of the Termination of the Parent-Child Relationship of T.L. (Minor Child); N.R. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the Marion Superior Court’s termination of N.R.’s parental rights to his daughter T.L. Finds the reasons for T.L.’s removal from her father’s care would not be remedied and that the trial court did not clearly err in its termination.

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