Child’s absent, out-of-state father should be presumed to be a fit and capable parent unless the state proves otherwise.
Civil
Cleveland Range, LLC v. Lincoln Fort Wayne Assoc., LLC, No. 02A05-1503-PL-96, __ N.E.3d __ (Ind. Ct. App., Sept. 4, 2015).
T.R. 27 petition to depose witnesses before the initiation of litigation was within the trial court’s discretion, as there was evidence supporting expectations it might be a party to a suit, it seeks to preserve specifically identified facts probative to a key issue, and declining to permit the depositions could result in a failure or delay of justice based on the age of the witnesses.
Huntington Nat’l Bank v. Car-X Assoc. Corp., No. 64S04-1504-MF-187, __ N.E.3d __ (Ind., Aug. 21, 2015).
Affirm the trial court’s denial of defendant’s motion to set aside the default judgment under T.R. 60(B)(1) for excusable neglect, but remands to the trial court to reconsider whether equitable reasons support granting the motion under T.R. 60(B)(8).
Goodrich Quality Theaters, Inc. v. Fostcorp Heating & Cooling, Inc., No. 64S03-1504-PL-227,__ N.E.3d __ (Ind., Aug. 26, 2015).
Under Indiana’s mechanic’s lien statute, lienholders are entitled to collect attorney’s fees incurred in foreclosing upon their liens from a party who posts a surety bond securing the liens.
SCI Propane, LLC v. Frederick, No. 55S04-1508-PL-501,__ N.E.3d __ (Ind., Aug. 27, 2015).
Attorneys’ fees are not recoverable under the General Wrongful Death Statute as a form of damages when the decedent is survived by a spouse and/or dependents.