Surviving spouse timely substituted herself as the real party in interest within the prescribed time limitations of the Indiana Wrongful Death Stature; the deadline was tolled by the Supreme Court’s orders regarding COVID-19.
Civil
In re K.V., LP, No. 22A-JC-987, __ N.E.3d __ (Ind. Ct. App., Jan. 13, 2023).
DCS was not required to make a reasonable effort to reunify children with foster parents when it was not in the children’s best interest. Foster parents were not entitled to intervene in CHINS case.
Easterday v. Everhart, No. 22A-DC-1510, __ N.E.3d __ (Ind. Ct. App., Jan. 6, 2023).
The trial court erred when it based the modification of child’s legal custody solely on religion; totally prohibiting father from discussing religion with child violates his First Amendment right to free speech.
Goston v. State, No. 23S-CT-5, __ N.E.3d __ (Ind., Jan. 9, 2023).
Trial court acted within its discretion to consider defendants’ motion for summary judgment after the deadline set in the case management order. The local rule on case management orders should be read in harmony with the Trial Rules.
In re Guardianship of Weber v. Weber, No. 21A-GU-2680, __ N.E.3d __ (Ind. Ct. App., Dec. 20, 2022).
After trial court granted spouse’s spousal support for Medicaid purposes, trial court properly allowed Indiana Family and Social Services Administration (FSSA) to intervene; FSSA was entitled to relief from judgment because the facts did not support spousal maintenance.