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.
Civil
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.
Turner v. Turner, No. 85A02-1208-DR-704,___ N.E.2d ___ (Ind. Ct. App., Feb. 28, 2013).
The amended child support statute, Ind. Code § 31-16-6-6, trumps language in a dissolution decree providing that father was obligated to pay child support until son reached the age of twenty-one.
South Shore Baseball, LLC v. DeJesus, No. 45A03-1205-CT-222,___ N.E.2d ___ (Ind. Ct. App., Feb. 15, 2013).
After being hit by a foul ball at a professional baseball game, plaintiff could not prevail under premises liability or negligence.
In re A.M.-K., No. 49A02-1207-JC-533,___ N.E.2d ___ (Ind. Ct. App., Feb. 20, 2013).
DCS failed to present sufficient evidence to overcome mother’s liberty interest in deciding her own treatment when mother objected to a parental participation order requiring her to take all medications as prescribed.