The wrongful death statute precludes the statutory beneficiary who dies before judgment from recovering wrongful death damages when the statutory beneficiary dies with no heirs.
Brewer v. PACCAR, Inc., No. 55A05-1709-CT-2168,__ N.E.3d __ (Ind. Ct. App., June 15, 2018).
If a party files a motion to correct error, it should either wait for a ruling on the motion before initiating the process of an appeal, or it should dismiss the motion to correct error.
Manis v. McNabb, No. 18A-GU-96,__ N.E.3d __ (Ind. Ct. App., June 11, 2018).
The trial court has the authority to determine and order parenting time for a parent whose child is placed with a guardian.
Knutson v. State, No. 12A04-1709-CR-2246, __ N.E.3d __ (Ind. Ct. App., May 31, 2018).
Unlawful possession of a syringe cannot be enhanced to a Level 5 felony based on a prior conviction pursuant to the general offense-level statute (Ind. Code § 16-42-19-27).
Kirchgessner v. Kirchgessner, No10A01-1710-CP-2309,__ N.E.3d __ (Ind. Ct. App., May 29, 2018).
Trial court properly granted a T.R. 60(B)(7) motion within a reasonable time, even though it was over 25 years since the judgment was entered.