A firefighter’s private email supporting a political candidate running for township trustee to a small group of citizens was protected public-employee speech under the Garcetti-Connick-Pickering test, and the fire chief was not justified in treating the firefighter differently from any other member of the general public and terminating his position.
Civil
Raisor v. Carter, No. 49A05-1010-CT-629, ___ N.E.2d ___ (Ind. Ct. App., April 8, 2011)
If TR 15(C)’s requirements are met within the statute of limitations, then the last date to file an amended complaint would be 120 days after the statute of limitations has expired.
Ryan v. Ryan, No. 71A03-1009-DR-453, ___ N.E.2d ___ (Ind. Ct. App., Mar. 28, 2011)
The dissolution court “may issue an order providing additional terms to the extent the Settlement Agreement and Private Agreement are silent,” instead of modifying the terms of the Settlement Agreement to provide relief under TR 60(B).
Devlin v. Peyton, No. 49A02-1008-DR-902, ___ N.E.2d ___ (Ind. Ct. App., Mar. 18, 2011)
Dissolution court cannot sua sponte assume jurisdiction over adoption of child of the marriage when adoption is pending in another court.
Walker v. Pullen, No. 64S05-1101-CT-0006, ___ N.E.2d ____ (Ind., March 15, 2011)
A court cannot grant a new trial unless the judge enters special findings as required by T.R. 59(J).