That Department of Child Services failed to allege that one of the three waiting periods giving parents time to reunify with their children had in fact passed is fatal to their petitions to terminate Father’s parental rights.
Civil
In Re D.J., No. 22A01-1605-CT-1080, __ N.E.3d __ (Ind., Feb. 7, 2017).
A premature notice of appeal is not fatal to appellate jurisdiction.
City of Lawrence Utilities Svc. Bd. v. Curry, No. 49S02-1609-CT-48, __ N.E.3d __ (Ind., Feb. 8, 2017).
Newly-elected mayor wrongfully terminated the city’s utility superintendent; under Ind. Code § 8-1.5-3-5, the superintendent could only be terminated for cause by the utility service board after notice and hearing.
Harrison Co. Sheriff’s Dept. v. Ayers, No. 22A01-1605-CT-1080, __ N.E.3d __ (Ind. Ct. App., Jan. 31, 2017).
Sheriff’s Department is not vicariously liable for deputy’s actions undertaken in a purely private capacity with no connection to his employment at his home with his gun.
Dumka v. Erickson, No. 20A03-1605-PL-1178, __ N.E.3d __ (Ind. Ct. App., Jan. 31, 2017).
Although the debtor failed to assert the exemption for an IRA, the trial court did not abuse its discretion by taking judicial notice of the exemption and excluding the asset from garnishment.