Appealing a monetary discovery sanction also puts the underlying discovery order before the appellate court. Late objections to discovery are presumptively waived, but trial courts may exercise their discretion and excuse any waiver.
M.S. v. State, 24A-JV-715, __ N.E.3d __ (Ind. Ct. App., Dec. 5, 2024).
The exception to the dangerous possession of a firearm statute, parental permission to possess, is an affirmative defense and not an element of the offense.
In re K.W., No. 23A-JV-2040, __N.E.3d __ (Ind. Ct. App., Nov. 20, 2024).
A juvenile problem-solving court cannot order jail time or house arrest for the parent of a juvenile delinquent without providing written notice of the allegations or the assistance of counsel.
Wohlt v. Wohlt, No. 24S-DR-385, __N.E.3d __ (Ind., Nov. 21, 2024).
Property settlement agreement had no ambiguity when it used the word “all” to describe division of assets; both forgotten and remembered assets were included in that description so that the property division would be final.
Med-1 Solutions, LLC v. Taylor, No. 24A-PL-450, __N.E.3d __ (Ind. Ct. App., Nov. 25, 2024).
Where an at-will employee signs a non-competition agreement as a condition of their hiring and is later told to sign a new non-competition agreement or they will be fired, the employee’s continued employment can serve as consideration for the latter agreement