The filing of a motion to dismiss does not mandate dismissal of a CHINS case; the decision rests in the trial court’s discretion. Trial courts should review the reasons proffered in support of dismissal in light of the evidence and allegations and then determine whether dismissal is in the child’s best interests.
Civil
In re Adoption of E.S.J., No. 23A-AD-1161, __ N.E.3d __ (Ind. Ct. App., Sept. 28, 2023).
Ind. Code 31-19-2-2, regarding adoptions, is a special venue statute to which T.R. 75(A)(8) applies. Preferred venue lies in any county where the petition is to be filed under the statute.
Noblesville Ind. Bd. of Zoning Appeals v. FMG Indianapolis, LLC, No. 23S-PL-114, __ N.E.3d __ (Ind., Sept. 25, 2023).
An ambiguous word in a city ordinance is a question of law, which the Court reviews de novo.
In re Civil Commitment of C.P., No. 22A-MH-2960, __ N.E.3d __ (Ind. Ct. App., Sept. 14, 2023).
The collateral consequences that accompany order of involuntary civil commitment make appeal from that order not moot even though the term of commitment has expired.
McConnell v. Doan, No. 23A-CT-145, __ N.E.3d __ (Ind. Ct. App., Aug. 29, 2023).
The trial court properly appointed a special master pursuant to Indiana Commercial Court Rule 5 and T.R. 70 to take the necessary steps to satisfy a party’s contractual obligations.