The court had no appellate jurisdiction because the trial court’s order was not a final judgment; it neither disposed of all claims for all parties, nor stated there was no just reason for delay.
Civil
Davidson v. State, No. 22S-CT-318, __N.E.3d __ (Ind., June 21, 2023).
A plaintiff seeking tort damages from both government and non-government defendants must sue all tortfeasors in one lawsuit to avoid issue preclusion.
In re Estate of Bricker, No. 23A-ES-3, __N.E.3d __ (Ind. Ct. App., June 23, 2023).
Property subject to transfer on death is not to be considered part of the decedent’s “net personal and real estate” for purposes of the Spousal Inheritance Statute.
S.D. v. G.D., No. 23S-PO-89, __N.E.3d __ (Ind., June 26, 2023).
Protective order petitioner has a burden of showing that “domestic or family violence has occurred” and that respondent “represents a credible threat to the safety” of the petitioner or petitioner’s child. Trial courts need only determine whether the petitioner has made the requisite showings by a preponderance of the evidence.
Gierek v. Anonymous 1, No. 22A-CT-1225, __N.E.3d __ (Ind. Ct. App., June 14, 2023).
The trial court had subject matter jurisdiction to grant plaintiffs’ motions to certify a class as a preliminary determination under the Medical Malpractice Act.