After the Chief Administrative Officer denied withdrawing a case under TR 53.1, the parties could file an original action asking for a writ to withdraw the case from the trial court judge.
EdgeRock Dev., LLC v. CH Garmong & Son, Inc., No. 24S-PL-184, __ N.E.3d __ (Ind., June 3, 2025).
A construction lien secures only the debt for improvements directly benefiting the lien-attached property. Contractors can foreclose the liens on each property to recover only those amounts, not amounts for work to improve a different owner’s property.
Heitz v. State, No. 24A-CR-802, __ N.E.3d __ (Ind., June 6, 2025).
When a trial court’s local practice conflicts with Criminal Rule 4(C), the local practice is invalid, and delays arising from noncompliance with such practices cannot be charged to defendants.
City of Boonville v. Anderson, No. 24A-PL-1905, __ N.E.3d __ (Ind. Ct. App., May 28, 2025).
T.R. 41(A)(2) allows a trial court to condition a plaintiff’s voluntary dismissal “upon such terms and conditions as the court deems proper.” Trial court was well within its discretion not to impose any terms and conditions upon motion for voluntary dismissal.
Maze v. State, No. 24A-CR-2596, __ N.E.3d __ (Ind., May 28, 2025).
When determining whether to appoint counsel, trial courts must consider three distinct items—assets, income, and necessary expenses in calculating a defendant’s ability to pay. If the parties fail to provide the information, courts themselves must make inquiries calculated to bring out the necessary evidence.