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.
Civil
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.
Morgan v. Dickelman Ins. Agency, Inc., No. 22A-PL-892, __ N.E.3d __ (Ind. Ct. App., Dec. 30, 2022).
Summary judgment was appropriate for plaintiffs’ claims for breach of contract, promissory estoppel, negligence, and fraud against their insurance agency because plaintiffs did not review their easy-to-read, unambiguous insurance renewal certificates.