Dept. of Natural Resources had jurisdiction over dam on private property based on its location in, on, or along a stream of Indiana.
Civil
Denson v. Estate of Dillard, No. 18A-CT-1112, __ N.E.3d __ (Ind. Ct. App., Dec. 18, 2018).
Summary judgment was properly granted in a negligence action. Because the Defendant’s sudden physical incapacity was not reasonably foreseeable, Defendant successfully negated the element of breach of duty.
Bock v. Bock, No. 18A-DR-38, __ N.E.3d __ (Ind. Ct. App., Dec. 20, 2018).
Pension survivor benefit was properly included as a marital asset for division.
State v. Reinhart, No. 18S-MI-286, __ N.E.3d __ (Ind., Dec. 5, 2018).
When a person “forfeits” driving privileges for life following a felony conviction for driving while suspended, the proper venue is the trial court in a person’s county of residence.
Harkins v. Westmeyer, No. 15A01-1703-CT-530, __ N.E.3d __ (Ind. Ct. App., Dec. 10, 2018).
T.R. 6(E)’s 3-day extension does not apply when the order creates a deadline from the date of the order.