The trial court’s termination of parental rights order must be reversed due to the State’s failure to give Mother the due process imparted to her by Ind. Code 31-35-2-4.5(d) (the right to have DCS move to dismiss a termination petition when it has not provided her with services that were substantial and material in relation to the reunification plan).
Civil
Campbell v. Campbell, 18A-DR-361, __ N.E.3d __ (Ind. Ct. App., Jan. 31, 2019).
Trial court properly denied spousal maintenance because it determined that spouse that receives SSD benefits is not incapacitated to the extent that her ability to support herself is materially affected.
Crawfordsville Town & Country Home Center, Inc. v. Cordova, No. 18A-CT-314, __ N.E.3d __ (Ind. Ct. App., Jan. 24, 2019).
Equipment rental company had no duty to provide bilingual warnings for an aerial lift when warnings were given by the manufacturer and were clearly visible.
Fields v. Safway Group Holdings, LLC, No. 18A-CT-314, __ N.E.3d __ (Ind. Ct. App., Jan. 24, 2019).
Trial court properly granted TR 60(B)(8) motion because equitable considerations can constitute the exceptional circumstances required to grant the motion.
Ind. Family & Social Svcs. Admin. v. Patterson, No. 18A-PL-925, __ N.E.3d __ (Ind. Ct. App., Jan. 17, 2019).
Ind. Family & Social Svcs. Administration properly determined that the garnished portion of Medicaid recipient’s income should be included when determining his portion of the cost of his care.