Eliminating all overnights amounts to a restriction on parenting time.
Civil
Nardi v. King, No. 25S-PL-64, __ N.E.3d __ (Ind., March 18, 2025).
The trial court did not abuse its discretion in finding plaintiff “substantially” prevailed in his APRA suit by obtaining a wrongfully withheld public record, even though he received only a portion of all requested records. A plaintiff who has substantially prevailed can recover attorney’s fees for time spent on unsuccessful claims if it is indivisible from the time spent on the successful claim.
Hoagland Family Ltd. Partnership v. Town of Clear Lake, No. 25S-PL-66, __ N.E.3d __ (Ind., March 18, 2025).
Trial court’s dismissal under TR 12(B)(8) should have been a dismissal without prejudice. A dismissal with prejudice is conclusive of the rights of the parties and is res judicata as to any questions that might have been litigated.
Tingley v. First Financial Bank, No. 24S-PL-299, __ N.E.3d __ (Ind., Feb. 25, 2025).
Venue statutes do not remove or alter a court’s subject-matter jurisdiction, which is separate and distinct from a trial court’s consideration of prudential matters.
Willow Haven on 106th Street, LLC v. Nagireddy, No. 24S-PL-287, __ N.E.3d __ (Ind., Feb. 19, 2025).
Trial court’s injunction was improper because the plaintiff did not prove they are likely to win their public-nuisance claim alleging defendant’s proposed land use violates the city’s unified development ordinance.