Small claims court did not have subject-matter jurisdiction to evict someone buying a house on contract; the property was worth more than $10,000 and the dispute was to ownership of the house.
Civil
NFI Interactive Logistics, LLC v. Bruski, No. 24S-CR-217, __ N.E.3d __ (Ind. Ct. App., June 26, 2024).
Trial court properly denied TR 12(B)(6) motion; the complaint encompasses viable claims premised on the failure to warn after potentially contributing to a hazard on the road, and the failure to comply with the statute requiring driver to turn on emergency flashers and place warning devices behind his vehicle.
Foster v. First Merchants Bank, N.A., No. 24S-PL-75, __ N.E.3d __ (Ind., June 27, 2024).
Even though plaintiff had not taken any action in a case for over a decade, because the defendant moved for dismissal under T.R. 41(E) after the plaintiff had resumed prosecution, the trial court improperly dismissed the case.
Mishler v. Union-North United School Corp., No. 23A-MI-1019, __N.E.3d __ (Ind. Ct. App., June 11, 2024).
The Claims Against Public School Act (“CAPSA”) is not a pre-suit notice law parallel to the ITCA. A court is required to dismiss claims that fail to submit proper notice to the public school.
Hetty, Inc. v. Weems, No. 24A-SC-148, __N.E.3d __ (Ind. Ct. App., June 14, 2024).
In a small claims matter, defendant was not required to formally plead a nonparty defense.