If a ruling involves the granting, modifying, or dissolving of a temporary or preliminary injunction and has not been entered within ten days after the hearing thereon, there has been a delay in ruling and an interested party may immediately praecipe for withdrawal under the procedure provided in Trial Rule 53.1(E); it is not necessary for a party to await the thirty-day period described in Trial Rule 53.1(A) before filing a praecipe for withdrawal.
Civil
Bules v. Marshall County, No. 50S03-1001-CV-57, ___ N.E.2d ___ (Ind., Jan. 27, 2010)
The Indiana Tort Claims Act’s immunity for losses caused by temporary weather conditions during the period of reasonable response to a weather condition lasts at least until the weather condition has stabilized.
Johnson v. Johnson, No. 46S04-0907-CV-00346, ___ N.E.2d ___ (Ind., Jan. 28, 2010)
Dissolution agreement for husband to pay wife for her interest in the family farm, although silent on the subject, must have contemplated the regular annual renewal of the farm’s debt to finance its operations, but not the higher level of debt necessary to finance husband’s obligations to wife; trial court erred in modifying wife’s lien to allow husband to finance his divorce obligations.
Hicks v. Smith, No. 54A01-0904-CV-189, ___ N.E.2d ___ (Ind. Ct. App., Jan. 19, 2010)
When husband violated court order by absconding with child and failing to pay child support, trial court did not abuse its discretion in awarding judgment on husband’s child support arrearage to wife.
Henderson v. Henderson, No. 30A04-0907-CV-387, ___ N.E.2d ___ (Ind. Ct. App., Jan. 21, 2010)
Trial court erred in finding indirect contempt without following the required indirect contempt procedures; trial court also erred in failing to consider evidence at the final hearing on the petition for dissolution of marriage.