Waiver of the home study requirement in an adoption when the adoptive parents are not a stepparent or the grandparents is reversible error.
Civil
In re Expungement of R.L., No. 24S-XP-185, __N.E.3d __ (Ind., Dec. 3, 2024).
The anti-discrimination provision in the expungement act does not displace the statutory requirement when relief must be sought through the Administrative Orders and Procedures Act.
England v. Siebe, No. 24A-CT-497, __N.E.3d __ (Ind. Ct. App., Dec. 4, 2024).
Trial court properly granted TR 21(B)(1) motion for lack of subject-matter jurisdiction when plaintiff’s claim fell under the Worker’s Compensation Act. Plaintiff was an employee of defendant’s sibling corporation and the Act defines “employer” to expressly include “a parent corporation and its subsidiaries,” which “shall each be considered joint employers” of the injured employee.
AMW Investments, Inc. v. Town of Clarksville, No. 24S-PL-183, __N.E.3d __ (Ind., Dec. 4, 2024).
Appealing a monetary discovery sanction also puts the underlying discovery order before the appellate court. Late objections to discovery are presumptively waived, but trial courts may exercise their discretion and excuse any waiver.
Wohlt v. Wohlt, No. 24S-DR-385, __N.E.3d __ (Ind., Nov. 21, 2024).
Property settlement agreement had no ambiguity when it used the word “all” to describe division of assets; both forgotten and remembered assets were included in that description so that the property division would be final.