Trial court improperly denied a motion to waive the filing fee when plaintiff filed a verified affidavit of indigency with documentation of her cash assets. If the trial court had any doubt about plaintiff’s indigency, the trial court could have waived the filing fee, and, upon a later discovery that the litigant has the means to pay, order reimbursement of the waived fee; or a trial court may hold a hearing to examine the litigant’s potential indigency.
Civil
In re Adoption of K.T., No. 20A-AD-2102, __ N.E.3d __ (Ind. Ct. App., June 1, 2021).
The ongoing CHINS proceeding did not prohibit the trial court from dispensing with mother’s and father’s consents in the adoption proceeding.
AO Alfa-Bank v. Doe, No. 20A-MI-2352, __ N.E.3d __ (Ind. Ct. App., May 19, 2021).
Court did not have subject matter jurisdiction to consider a motion to quash an out-of-state subpoena which had not been domesticated.
Br.S. v. J.N.S., No. 20A-AD-1790, __ N.E.3d __ (Ind. Ct. App., May 12, 2021).
Drug-addicted parents should have the opportunity to rehabilitate themselves and then reestablish a relationship with their children, but they do not have an open-ended pass for not communicating significantly with their children.
Arrendale v. American Imaging & MRI, LLC, No. 20A-CT-2184, __ N.E.3d __ (Ind. Ct. App., May 14, 2021).
A hospital can be held vicariously liable for the negligence of a non-hospital facility.