The statute of limitations for the Indiana Wrongful Death Act (“WDA”) can expire before the statute of limitations for an underlying substantive tort claim, and vice versa. See also Technisand, Inc. v. Estate of Melton ex rel. Melton, — N.E.2d —, No. 30S01-0801-CV-28, slip op. (Ind. Dec. 24, 2008).
Civil
Gibson v. Indiana Dep't of Correction, No. 49A04-0803-CV-165, ___ N.E.2d ___ (Ind. Ct. App., Dec. 29, 2008)
The Sex and Violent Offender Registry statute does not violate sections 12 and 23 of Article 1 of the Indiana Constitution; in addition, the registry statute consistently requires lifetime registration by some but not all violent offenders.
Sommers v. Sommers, No. 49A02-0710-CV-916, ___ N.E.2d ___ (Ind. Ct. App., Dec 29, 2008)
Trial court properly confirmed arbitration award where the party challenging it failed to file a motion to vacate, modify, or correct within the time prescribed by the United States Arbitration Act, which the parties agreed would govern any arbitration.
Zaremba v. Nevarez, No. 64A05-0809-CV-524, ___ N.E.2d ___ (Ind. Ct. App., Dec. 30, 2008)
Trial court abused its discretion when it: (A) determined that a previous dismissal without prejudice could serve as res judicata for a subsequent refiling of the same claim; and (B) stated that a plaintiff who fails to appear one time for trial in a small claims case was required to seek relief pursuant to Ind. Trial Rule 60.