The bank provided its customer with reasonable notice of its offer to amend its bank account terms, but the customer’s silence and inaction did not amount to acceptance of the amended terms.
Civil
Wohlt v. Wohlt, No. 22A-DR-2685, __ N.E.3d __ (Ind. Ct. App., Oct. 27, 2023).
In a divorce, a large asset that had been forgotten by both parties at the time of signing the property settlement agreement was not subject to later division by the court because the asset was included under “assets of the business.”
City of Carmel v. Barham Investments, LLC, No. 22A-PL-2399, __ N.E.3d __ (Ind. Ct. App., Oct. 30, 2023).
The taking of real property by eminent domain extinguishes any easements burdening the property.
Finnegan v. State, No. 23A-MI-442, __ N.E.3d __ (Ind. Ct. App., Oct. 17, 2023).
A criminal contempt proceeding is a trial of a criminal case. Criminal contempt defendants are entitled to the same statutory protections afforded other criminal defendants, including the right to file a notice of insanity defense and obtain the appointment of appropriate experts to testify at the contempt proceedings.
Crowe v. Savvy IN, LLC, No. 23S-TP-00090, __ N.E.3d __ (Ind., Oct. 11, 2023).
Tax sale notices sent by certified mail to homeowners satisfied due process and Indiana law; the question is not whether the homeowners actually received the notice, but whether the notices were sent “as one desirous of actually informing” the homeowners.