Parents have authority to petition to change the gender marker of their child on the child’s birth certificate. The appropriate standard is whether the change is in the child’s best interests.
Civil
Harvey v. Keyed In Property Management, LLC, No. 20A-SC-1459, __ N.E.3d __ (Ind. Ct. App, Feb. 26, 2021).
Under Small Claims Rule 8(c), an LLC using a full-time employee to represent it can allege damages above $1,500 and waive net damages in excess of the jurisdictional limit; setoffs and counterclaims were not subtracted from the jurisdictional limit.
Wilder v. DeGood Dimensional Concepts, Inc., No. 20A-PL-1100__ N.E.3d __ (Ind. Ct. App, Feb. 16, 2021).
While a trial court can take judicial notice of reasonable attorney’s fees in routine cases involving relatively small amounts, the trial court abused its discretion when it awarded appellate attorney’s fees in a reduced hourly amount with no evidence to support the reduced rate.
Abbott v. State, 19A-PL-1635, __ N.E.3d __ (Ind. Ct. App., Feb. 15, 2021).
In a civil forfeiture action, the res may be used for defense related expenses.
Cooper’s Hawk Indianapolis, LLC v. Ray, No. 21S-CT-56, __ N.E.3d __ (Ind., Feb. 9, 2021).
A belated notice of appeal needs to do more than restate the grounds for granting a discretionary appeal; an extraordinary compelling reason to restore the forfeited appeal must be stated.