When the employee that typically received notice was on maternity leave, in light of the short length of the delay, the security interest of Defendant, the amount at issue, the absence of evidence of prejudice to Plaintiff by the delay, and the severity of the sanction of default judgment, Defendant’s failure to respond to complaint constituted excusable neglect under T.R. 60(B)(1).
Civil
In re Change of Birth Certificate, No. 79A03-1403-MI-91, __ N.E.3d __ (Ind. Ct. App., Dec. 4, 2014).
Trial court has authority to order amendment of gender on a birth certificate.
Twin Lakes Regional Sewer District v. Hruska, No. 08S02-1402-MI-78, __ N.E.3d __ (Ind., Dec. 4, 2014).
“[T]he lien foreclosure prohibition of Indiana Code section 13-26-14-4, governing the collection of regional sewer district sewer liens, does not apply to collection by tax sale.”
In re J.T.D., No. 45S03-1406-AD-387, __ N.E.3d __ (Ind., Dec. 4, 2014).
A Caseload Allocation Plan’s provisions establish only venue and not jurisdiction; they are binding on the court and litigants.
Walgreen Co. v. Hinchy, No. 49A02-1311-CT-950, __ N.E.3d __ (Ind. Ct. App., Nov. 14, 2014).
Pharmacy was liable for pharmacist divulging medical records of customer.