For Special Immigrant Juvenile status, trial courts are required to consider and make findings on two statutory elements: (1) is reunification with one or both parents viable due to abuse, neglect, abandonment, or a similar basis found under State law; and (2) would it be in the special immigrant’s best interest to be returned to her previous country of nationality or country of last habitual residence.
Civil
Riley v. St. Mary’s Medical Center of Evansville, No. 19A-CT-844, __ N.E.3d __ (Ind. Ct. App., Oct. 29, 2019).
Affidavit from a radiologic technologist was sufficient to rebut the medical review panel’s opinion on the element of causation and summary judgment should not have been granted.
Salyer v. Washington Regular Baptist Church Cemetery, No. 19A-PL-243, __ N.E.3d __ (Ind. Ct. App., Oct. 30, 2019).
Trial court did not abuse its discretion in fashioning a remedy that required the cemetery to provide plaintiff with a different gravesite rather than ordering the cemetery to have the individual buried in the gravesite she had previously purchased reinterred elsewhere so as to restore the gravesite for her use.
Ind. Bureau of Motor Vehicles v. Douglass, No. 19A-MI-216, __ N.E.3d __ (Ind. Ct. App., Oct. 23, 2019).
BMV had the right to pursue a suspension of defendant’s driving privileges in Indiana even though he was a no longer a resident of Indiana.
Weikart v. Whitko Comm. School Corp., No. 19A-CT-1224, __ N.E.3d __ (Ind. Ct. App., Oct. 17, 2019).
Trial court properly dismissed case for failure to state a claim; police officer did not have a special duty to plaintiff to protect her activities from public disclosure.