Tenant’s mere delivery of the keys is not sufficient to demonstrate that landlord accepted surrender of the premises; thus the end of the month, in a month-to-month tenancy, started the security deposit statute’s 45-day clock for the landlord to provide the itemization of charges against the security deposit.
Civil
Love v. Rehfus, No. 30S01-1004-CV-162, ___ N.E.2d ___ (Ind., April 21, 2011)
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.
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.