Because plaintiff did not timely file the agency record or seek an additional extension of time in which to do so, its petition for judifical review of a final agency action was “subject to dismissal” under the Administrative Orders and Procedures Act; the trial court, however, had discretion to find that a petition “subject to dismissal” should not, upon a proper showing, be dismissed.
Civil
In re Termination of Parental Rights of J.H., No. 02A05-0807-JV-410, ___ N.E.2d ___ (Ind. Ct. App., Jan. 12, 2009)
Indiana Code § 31-32-9-1(d) does not exempt DCS from compliance with service of process Trial Rules, but DCS nevertheless adequately complied with such rules to satisfy due process considerations.
Allied Property & Cas. Ins. Co. v. Good, No. 85A04-0902-CV-89, ___ N.E.2d ___ (Ind. Ct. App., Dec. 31, 2009)
If a trial court finds that an attorney or party caused a mistrial by egregiously violating an order in limine, the trial court has the inherent power to sanction him or her.
Wagler v. West Boggs Sewer District, Inc., No. 14S00-0710-CV-397, ___ N.E.2d ___ (Ind., Dec. 24, 2008)
Sewer districts have authority to condemn land via eminent domain.
Newkirk v. Bethlehem Woods Nursing & Rehab. Ctr., LLC, No. 90S05-0812-CV-768, ___ N.E.2d ___ (Ind., Dec. 24, 2008)
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).