Latest 2 Cases: Yanes-Mirabal v. Badasay (Family Law), Indiana Land Trust Co. v. XL Investment Properties, LLC (Real Estate & Property Law)

Yanes-Mirabal v. Badasay

Docket: 20S-JP-00554

Opinion Date: December 18, 2020

Judge: Steven H. David

Areas of Law: Family Law

The Supreme Court reversed the determination of the trial court finding Mother in contempt of court and ordering that Father have sole legal and physical custody of the parties' infant child, holding that the court abused its discretion by conflating Mother's contempt of court with the best interest of the child. Father filed a petition for rule to show cause alleging that Mother had violated a previous order by relocating the parties' child from Indiana. The trial court granted full relief to Father, finding Mother in contempt for relocating the child out of Indiana and for denying Father parenting time. The court then ordered that Father have sole legal and physical custody of the child. The Supreme Court reversed, holding that where Mother's alleged contempt appeared to be the catalyst for the trial court's order granting Father sole legal and physical custody, the trial court's order could not stand.

Indiana Land Trust Co. v. XL Investment Properties, LLC

Docket: 20S-MI-00062

Opinion Date: October 27, 2020

Judge: Steven H. David

Areas of Law: Real Estate & Property Law, Tax Law

The Supreme Court affirmed the judgment of the trial court denying Indiana Land Trust's motion to set aside a tax deed, holding that the LaPorte County Auditor gave adequate notice reasonably calculated to inform Indiana Land Trust Company of the impeding tax sale of the property. Taxes went unpaid on a vacant property from 2009 to 2015. The county auditor sent notice of an impending tax sale via certified letter and first-class mail to the notice listed on the deed for the property. The certified letter came back as undeliverable, and the first-class mail was not returned. Notice was eventually published in the local newspaper. The property sold, and a tax deed was issued to the purchaser. When the original owner learned of the sale it moved to set aside the tax deed due to insufficient notice. The trial court denied the motion. The Supreme Court affirmed, holding (1) the county auditor provided adequate notice and was not required to search its own internal records for a better tax sale notice address; and (2) the trial court properly denied Indiana Land Trust's motion to set aside the tax deed.