The common-law duty under the Reece case to refrain from creating hazardous conditions encompasses not just the paved portion of the roadway but also traffic-control devices within the public right-of-way.
Civil
Olbera, et al. v. Sykes, No. 25A-JP-2005, __ N.E.3d __ (Ind. Ct. App., Mar. 30, 2026).
Marital presumption as legal parent rebutted by biological father of child as biological father did not relinquish his rights to legal parentage.
Indiana Compensation Rating Bureau and Indiana Department of Insurance v. Technology Insurance Company, No. 26S-PL-83, __ N.E.3d __ (Ind., Mar. 17, 2026).
Whether the Company is entitled to relief rests on two questions: first, whether the Company had to follow the dispute-resolution provisions set out in the Assigned Risk Plan and agreements, limiting the Company’s relief in the trial court to judicial review under the Administrative Orders and Procedures Act; second, assuming the Company is limited to seeking recourse under AOPA, whether the Company properly sought judicial review.
Norris v. Norris, No. 25S-DR-226, __ N.E.3d __ (Ind., Mar. 12, 2026).
After the Court of Appeals issued its published opinion that partially reversed the trial court’s judgment, Jennifer timely sought rehearing. While that request was pending, the trial court, on its own, issued a revised order to implement the Court of Appeals’ instructions. But the trial court lacked authority to issue that order because the appellate opinion was not yet certified. We thus take this opportunity to emphasize the importance of following Appellate Rule 65(E), which prohibits trial courts, administrative agencies, and parties from taking action based on published opinions or memorandum decisions (collectively “opinions”) before they are certified.
Jayla Anderson v. Advantix Development Corporation, No. 25A-EV-1738, __ N.E.3d __ (Ind. Ct. App., Mar. 6, 2026).
The trial court erred as a matter of law when it denied Anderson’s petition to seal the record of her eviction case. She satisfied the statutory condition for the record to be sealed, and the trial court was required by statute to seal the record.