Trial court did not have the statutory authority to grant request to amend child’s birth certificate to change child’s gender marker.
Civil
Crowe v. Savvy IN, LLC, No. 22A-TP-1113, __ N.E.3d __ (Ind. Ct. App., Nov. 30, 2022).
Equity and due process require that property owner’s motion for relief from judgment be granted when their property was sold at tax sale and they did not receive actual notice because of USPS’s COVID protocols.
LaMotte v. LaMotte, No. 21A-DR-2608, __ N.E.3d __ (Ind. Ct. App., Nov. 30, 2022).
Parties’ due process rights were violated when a successor judge made factual findings and legal conclusions without a trial de novo following the departure of the original judge who conducted the evidentiary hearing.
In re Termination of the Parent-Child Relationship of P.B., No. 22A-JT-1397, __ N.E.3d __ (Ind. Ct. App., Nov. 22, 2022).
The clear and convincing evidence burden of proof in termination of parental rights cases satisfies the Indiana Constitution’s Due Course of Law Clause.
Stabosz v. Friedman, No. 22A-PL-541, __ N.E.3d __ (Ind. Ct. App., Nov. 22, 2022).
When a defendant moves to dismiss a case under Indiana’s anti-SLAPP statute, the motion is treated as a motion for summary judgment with the same burden of proof as a motion for summary judgment. The designated evidence must demonstrate as a matter of law that the statements were made in good faith and with a reasonable basis in law and fact.