Trial court did not err in appointing parenting time coordinator sua sponte when parties did not object and record was undisputed parents could not cooperate enough to independently implement parenting time schedule.
Civil
Booher v. Sheeram, LLC d/b/a Hampton Inn of Elkhart, No. 20A03-1005-CT-338, __ N.E.2d __ (Ind. Ct. App., Nov. 15, 2010)
Counsel must file a formal request for an extension of time to respond to a motion for summary judgment, even if opposing counsel has informally agreed to an extension.
Holmes v. Celadon Trucking Servs. of Ind., Inc., No. 49A02-1007-PL-714, __ N.E.2d __ (Ind. Ct. App., Nov. 15, 2010)
An action commences when the initiating party files the original and necessary copies of the complaint, the prescribed filing fee, and the original and necessary copies of the summons. Delayed filing of an appearance has no impact on the commencement of the action for statute of limitations purposes.
Small v. Rogers, No. 29A02-1001-PL-30, __ N.E.2d __ (Ind. Ct. App., Nov. 17, 2010)
Co-guarantor who paid some of guaranteed debt was not entitled to contribution from the other guarantor, when the debt had not been reduced to judgment and the amount paid was less than the co-guarantor’s proportionate share of the total guaranteed.
Arlton v. Schraut, No. 79A02-0906-CV-541, __ N.E.2d __ (Ind. Ct. App., Nov. 9, 2010)
Deliberating jury should have been provided with a computer or some other method to view CD exhibits containing high-resolution digital images of plaintiff’s pre-surgery retina; failure of court to provide a viewing method or to give tendered instruction that jury could ask to view the CD images in open court was reversible error.