Water company was not a governmental entity or a political subdivision of the State entitled to the protections of the Indiana Tort Claims Act.
City of Indianapolis v. Duffitt, No. 49A04-0911-CV-661, ___ N.E.2d ___ (Ind. Ct. App., June 29, 2010)
Because Defendant-City’s actions were discretionary functions, Plaintiff’s tort claim was barred under the Indiana Tort Claims Act.
Alves v. Old National Bank, No. 71A03-0909-CV-416, ___ N.E.2d ___ (Ind. Ct. App., July 1, 2010)
Petitioner’s Trial Rule 60(B) motion for relief from judgment was untimely because: (1) he filed it more than one year after the trial court granted summary judgment against him, and (2) his earlier appeal of that judgment did not toll the one-year limit applicable to motions brought under Rule 60(B)(1)-(4).
A.S. v. State, No. 10A01-0908-JV-423, __ N.E.2d __ (Ind. Ct. App., June 30, 2010)
“[F]ailing to adequately inform a delinquent of her right to counsel is fundamental error.”
Romo v. State, No. 49A04-1003-CR-143, __ N.E.2d __ (Ind. Ct. App., June 23, 2010)
English transcript of Spanish conversation was properly admitted as evidence, over objection. without playing the tape of the Spanish conversation.