After the Chief Administrative Officer denied withdrawing a case under TR 53.1, the parties could file an original action asking for a writ to withdraw the case from the trial court judge.
Civil
EdgeRock Dev., LLC v. CH Garmong & Son, Inc., No. 24S-PL-184, __ N.E.3d __ (Ind., June 3, 2025).
A construction lien secures only the debt for improvements directly benefiting the lien-attached property. Contractors can foreclose the liens on each property to recover only those amounts, not amounts for work to improve a different owner’s property.
City of Boonville v. Anderson, No. 24A-PL-1905, __ N.E.3d __ (Ind. Ct. App., May 28, 2025).
T.R. 41(A)(2) allows a trial court to condition a plaintiff’s voluntary dismissal “upon such terms and conditions as the court deems proper.” Trial court was well within its discretion not to impose any terms and conditions upon motion for voluntary dismissal.
Bowen v. Bowen, No. 24A-DN-1655, __ N.E.3d __ (Ind. Ct. App., May 30, 2025).
Pension payments that accrue during the DROP (Deferred Retirement Option Plan) period constitute divisible marital property to the extent they were earned during the marriage.
Thomas v. Valpo Motors, Inc., No. 24S-PL-286, __ N.E.3d __ (Ind., May 13, 2025).
For purposes of the Magnuson-Moss Warranty Act, in claims alleging breach of implied warranty, a buyer need only show to the satisfaction of the factfinder that the seller had “a reasonable opportunity to cure” its failure to comply with its warranty obligations. The buyer can meet this burden of proof by showing that he explicitly asked the seller to cure (i.e., repair, replace, or refund) or that he notified the seller of the purported defect and the seller proposed no remedy in response.