A party’s opposition to the motion for default judgment preserved its challenge for appeal and it was not required to also file a T.R. 60(B) motion.
Civil
Murphy v. Cook, No. 23A-SC-1614, __ N.E.3d __ (Ind. Ct. App., Dec. 20, 2023).
Courts should be mindful of the provisions and requirements of T.R. 64(A) with respect to issuing a body attachment, including the provision that body attachments expire 180 days after issuance and the expiration date must appear on the face of the writ.
Jennings v. Smiley, No. 23A-CT-00303, __ N.E.3d __ (Ind. Ct. App., Dec. 12, 2023).
The trial court did not abuse its discretion when it did not allow discovery of defendant’s cell phone; the burden of plaintiff’s proposed phone inspection outweighed its likely benefit in light of defendant’s significant privacy concerns.
Taylor v. Allen Cnty. Bd. of Comm’rs, No. 23S-CT-378, __ N.E.3d __ (Ind., Dec. 13, 2023).
Appeal was dismissed prematurely because plaintiff had 20 business days from the date of the Notice of Defect to submit corrected documents under Ind. Appellate Rule 23.
DeCola v. Norfolk So. Corp., No. 23S-PL-358, __ N.E.3d __ (Ind., Dec. 8, 2023).
The appellate court did not have jurisdiction over denial of summary judgment motion because it was not a final order and did not resolve all claims as to all parties.