For purposes of the Access to Public Records Act, material must originate from and be communicated by employees of the same agency to qualify as “intra-agency.”
Civil
Diamond Quality, Inc. v. Dana Light Axle Products, LLC, No. 24S-CQ-265, __N.E.3d __ (Ind., Apr. 24, 2025).
Absent a contractual or statutory duty, a property owner is always justified in excluding another from the owner’s premises.
Stafford v. Stafford, No. 24A-DC-2457, __N.E.3d __ (Ind. Ct. App., Apr. 21, 2025).
Eliminating all overnights amounts to a restriction on parenting time.
Nardi v. King, No. 25S-PL-64, __ N.E.3d __ (Ind., March 18, 2025).
The trial court did not abuse its discretion in finding plaintiff “substantially” prevailed in his APRA suit by obtaining a wrongfully withheld public record, even though he received only a portion of all requested records. A plaintiff who has substantially prevailed can recover attorney’s fees for time spent on unsuccessful claims if it is indivisible from the time spent on the successful claim.
Hoagland Family Ltd. Partnership v. Town of Clear Lake, No. 25S-PL-66, __ N.E.3d __ (Ind., March 18, 2025).
Trial court’s dismissal under TR 12(B)(8) should have been a dismissal without prejudice. A dismissal with prejudice is conclusive of the rights of the parties and is res judicata as to any questions that might have been litigated.