Legal Opinion · Dissent

In Re Paternity of RM

Indiana Court of Appeals

Decided December 30, 2010No. 45A04-1001-JP-14Published

1DissentNajam, Judge

I must respectfully dissent. The majority holds that the designated evidence is insufficient to support the trial court's findings on the issue of prejudice. On that basis, the majority determines that reversal is required. But, as the majority acknowledges, in reviewing a summary judgment, we are not bound by the trial court's specific findings and conclusions. Rice v. *1123Strunk, 670 N.E.2d 1280, 1283 (Ind.1996). They merely aid our review by providing us with a statement of reasons for the trial court's actions. Id. Thus, rather than relying on the trial court's findings and conclusions, we…

2Cases cited9 opinions

  1. Rice v. StrunkIndiana Supreme Court · 1996
  2. Dreaded, Inc. v. St. Paul Guardian Insurance Co.Indiana Supreme Court · 2009
  3. Ferrell v. Dunescape Beach Club Condominiums Phase I, Inc.Indiana Court of Appeals · 2001
  4. Landmark Health Care Associates L.P.-1989-A v. BradburyIndiana Supreme Court · 1996
  5. Habig v. BruningIndiana Court of Appeals · 1993

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