Where foreseeability is an element of duty, the court must determine the question of foreseeability as a matter of law; stage collapse due to high wind is not foreseeable as a matter of law.
Civil
Brown v. City of Valparaiso, No. 64A05-1607-PL-1488, __N.E.3d__ (Ind. Ct. App., Dec. 30, 2016).
There is no private cause of action under the Flood Control Act.
Yeager v. Deutsche Bank Nat’l Trust Co., No. 22A04-1604-MF-727, __N.E.3d__ (Ind. Ct. App., Dec. 6, 2016).
In a mortgage foreclosure, a trial court must hold a hearing or to otherwise obtain information to determine the amount of the defendant’s provisional monthly payment.
Reynolds v. Reynolds, No. 29S04-1612-DR-00636, __N.E.3d__ (Ind., Dec. 6, 2016).
Motion for rule to show cause was specific enough to excuse strict compliance with the contempt statute and protect due process rights.
In re Commitment of M.E., No. 27A02-1605-MH-987, __N.E.3d__ (Ind. Ct. App., Nov. 23, 2016).
That an individual appeared at a hearing with counsel is insufficient to prove service; service and proof of service is required for all civil commitment cases.