Lessor may not circumvent a lessee’s contractual right of first refusal to purchase the leased premises by submitting a third-party offer to the lessee in which the leased premises are bundled with other property.
Estate of Mills-McGoffney v. Vigo Co. Prosecutor, No. 84A01-1608-MI-1810, __ N.E.3d __ (Ind. Ct. App., May 31, 2017).
When a motion for reinstatement of a dismissed case is filed beyond the thirty-day mark for filing an appeal, any subsequent appeal will pertain solely to whether the trial court abused its discretion in denying or granting the motion to reinstate.
Ward v. Carter, No. 46A03-1607-PL-1685, __ N.E.3d __ (Ind. Ct. App., June 1, 2017).
The Department of Correction is required to promulgate rules pursuant to the Administrative Rules and Procedure Act when changing its execution protocol, and its failure to do so means that the changed protocol is void and without effect.
Pollard v. State, No. 36A01-1603-CR-659, __ N.E.3d __ (Ind. Ct. App., May 23, 2017).
An inmate who obtains a bachelor’s degree may not “bank” the earned credit time to be used toward a future incarceration due to a parole violation.
Ind. Dept. of Child Svcs. v. J.D., No. 71A03-1611-JC-2627, __ N.E.3d __ (Ind. Ct. App., May 26, 2017).
In a CHINS case, the testimony of three physicians that child’s injuries were non-accidental and indicative of child abuse, plus establishing that time of his birth until his removal child was continuously in his parents’ care, established the elements of the Presumption Statute in order to shift the burden of production to the parents.