DCS was barred from filing a successive CHINS action after the first petition was dismissed with prejudice. DCS “cannot engage in piecemeal litigation to get subsequent bites at the same apple.”
Civil
Burdick v. Romano, No. 19A-CT-2739, __ N.E.3d __ (Ind. Ct. App, May 5, 2020).
In a case related to an injury caused by a horse in a horse arena, the trial court properly refused to give negligence instructions and properly gave instructions on inherent risks of equine activities and incurred risk.
Freeman v. Timberland Home Center, Inc., No. 19A-CC-1889, __ N.E.3d __ (Ind. Ct. App., April 29, 2020).
Preferred venue status of a county is determined when an action is commenced by the filing of a complaint; if the county where the complaint was filed is a preferred venue, transfer to another county based on venue is improper even if a third-party is later joined.
Jacob v. Vigh, No. 19A-CT-2719, __ N.E.3d __ (Ind. Ct. App., April 27, 2020).
A trial court has jurisdiction over a complaint that includes allegations that an attorney violated canons of the Rules of Professional Conduct when the complaint also alleges other claims such as fraud, breach of contract, and breach of fiduciary duty, and legal malpractice.
Walters v. Corder, No. 19A-TR-1069, __ N.E.3d __ (Ind. Ct. App., April 8, 2020).
Children that were adopted out of the family after the settlor’s death retained their status as beneficiaries of the trust.