“[T]he Indiana school voucher program, the Choice Scholarship Program, is within the legislature’s power under Article 8, Section 1, and that the enacted program does not violate either Section 4 or Section 6 of Article 1 of the Indiana Constitution.
Civil
Town of Cedar Lake v. Alessia, No. 45A03-1207-PL-316,___ N.E.2d ___ (Ind. Ct. App., March 21, 2013).
The proper legal inquiry whether there was a statutory prohibition against the town’s exercise of authority was based on Indiana’s Home Rule Act.
K.O.A. Properties, LLC v. Matheison, No. 48A04-1207-SC-365,___ N.E.2d ___ (Ind. Ct. App., March 8, 2013).
Small claims court had personal jurisdiction over a defendant even though it was not listed as a separate party defendant on the notice of claim and defendant was not separately served with the notice, because it was provided with service reasonably calculated to inform defendant that a small claims action had been instituted against it.
Zavodnik v. Richards, No. 49A02-1209-CC-750, ___ N.E.2d ___ (Ind. Ct. App., March 14, 2013).
When a trial court has involuntarily dismissed a case without prejudice pursuant to T. R. 41(E), T.R. 41(F) gives dismissing trial court the discretion to consider whether a complaint should be reinstated. Plaintiff should not file a substantially similar or identical complaint in another court.
KJ.R. v. M.A.B., No. 41S01-1209-MI-00556,___ N.E.2d ___ (Ind., March 7, 2013).
Grandparent visitation was order was voidable, because it failed to address required findings, and was remanded to correct those defects through new findings and conclusions.