Trial court erred by ordering that DCS pay the GAL fees associated with the underlying CHINS proceedings; Indiana Code §§ 31-40-3-2 and 33-24-6-4 require that the county, not DCS, is responsible for the GAL fees.
Civil
Washington Twp. Fire Dep't v. Beltway Surgery Ctr., No. 93A02-0811-EX-1006, ___ N.E.2d ___ (Ind. Ct. App., June 24, 2009)
The employer of an injured employee bears the burden of proving that a medical service provider’s bill exceeds the Worker’s Compensation 80th percentile standard.
Smith v. Wrigley, No. 33A05-0903-CV-156, ___ N.E.2d ___ (Ind. Ct. App., June 25, 2009)
Because inmate’s claims were neither legally nor factually frivolous, trial court erred in dismissing his complaint under the Frivolous Claim Law.
Breaston v. State, No. 20S04-0810-CR-561, __N.E.2d __ (Ind., June 16, 2009)
Rule that habitual offender portions of sentences cannot be consecutive applies even when mandatory consecutivity statute applies.
Burke v. Bennett, No. 84S01-0904-CV-148, ___ N.E.2d ___ (Ind., June 16, 2009)
Mayoral candidate’s allegation that his opponent was disqualified due to certain pre-election employment was inapplicable to establish ineligibility in a post-campaign election contest.