A petitioner seeking judicial review of an agency action must file with the trial court the agency record, defined by the Administrative Orders and Procedures Act, or the petition will be dismissed.
Civil
Neal v. Austin, No. 49A02-1404-DR-225__ N.E.3d __ (Ind. Ct. App., Oct. 31, 2014).
Ind. Code § 31-16-6-6 “necessitates that where the most recent order establishing a child support obligation was issued after June 30, 2012, the child must file a petition for educational needs before the child becomes nineteen years of age.”
LBM Realty, LLC, v. Mannia, No. 71A03-1402-PL-66, __ N.E.3d __ (Ind. Ct. App., Oct. 28, 2014).
“Indiana should hereby adopt the largely case-by-case approach, finding that a tenant’s liability to the landlord’s insurer for damage-causing negligence depends on the reasonable expectations of the parties to the lease as ascertained from the lease as a whole and any other admissible evidence.”
In re I.B., No. 82A05-1402-AD-65, __ N.E.3d __ (Ind. Ct. App., Oct. 28, 2014).
A prospective adoptive parent’s prior conviction was not dispositive (Ind. Code § 31-19-11-1) and the children were entitled to an individualized determination of their best interests.
Lyons v. Richmond Cmty. School Corp., No. 89S04-1312-PL-788, __ N.E.3d __ (Ind., Oct. 28, 2014).
Because whether a plaintiff has complied with the requirements of the ITCA is one of law, but the answer may depend upon the resolution of disputed facts, the issue should be handled by a carefully drafted jury instruction.