A court cannot enter a provisional order in a dissolution of marriage for the sale of marital property.
Civil
ResCare Health Svcs., Inc. v. Ind. Family & Social Svcs. Admin., No. 21S-MI-372__ N.E.3d __ (Ind., April 5, 2022).
Although a complaint for declaratory judgment could not be decided by an ALJ, upon judicial review, one could be reviewed by the trial court judge without a separate complaint being filed.
Tippecanoe School Corp. v. Reynolds, No. 21A-CT-1482, __ N.E.3d __ (Ind. Ct. App., April 7, 2022).
Negligent supervision in sports is not a separate cause of action; an analysis of a coach’s individual actions related to supervising her athletes and the choices made are subsumed by a review of whether that coach was intentional or reckless in her conduct.
Abbott v. State, No. 21S-PL-347, __ N.E.3d __ (Ind., March 29, 2022).
David, J. In Indiana, civil forfeiture actions typically proceed under one of two statutes: the general forfeiture statute or the racketeering forfeiture statute. Today, we consider whether the racketeering forfeiture statute permits a court to release, to the defendant, funds seized in a forfeiture action so the defendant can hire counsel in that same action. […]
PNC Bank, N.A. v, Page, No. 21A-MF-1974, __ N.E.3d __ (Ind. Ct. App., March 31, 2022).
The orders issued during COVID-19 pausing the accrual of interest did not suspend the automatic accrual of non-discretionary interest provided by the terms of a private loan instrument and as permitted by statute.