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.
Civil
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.
N.H. v. State, No. 22A-XP-1026, __ N.E.3d __ (Ind. Ct. App., Dec. 13, 2022).
The trial court erred by striking some of the language included in the expungement statute (Ind. Code s 35-38-9-10(c)) from its order granting expungement; the language should either by left in its entirety or left out in its entirety.
In re Civil Commitment of B.N., No. 22S-MH-408, __ N.E.3d __ (Ind., Dec. 16, 2022).
When a party objects to a hearing being held remotely, good cause for proceeding remotely over the objection requires particularized and specific factual support. Mere mention of “the COVID-19 pandemic” was insufficient.