Counsel must file a formal request for an extension of time to respond to a motion for summary judgment, even if opposing counsel has informally agreed to an extension.
Holmes v. Celadon Trucking Servs. of Ind., Inc., No. 49A02-1007-PL-714, __ N.E.2d __ (Ind. Ct. App., Nov. 15, 2010)
An action commences when the initiating party files the original and necessary copies of the complaint, the prescribed filing fee, and the original and necessary copies of the summons. Delayed filing of an appearance has no impact on the commencement of the action for statute of limitations purposes.
Small v. Rogers, No. 29A02-1001-PL-30, __ N.E.2d __ (Ind. Ct. App., Nov. 17, 2010)
Co-guarantor who paid some of guaranteed debt was not entitled to contribution from the other guarantor, when the debt had not been reduced to judgment and the amount paid was less than the co-guarantor’s proportionate share of the total guaranteed.
State v. J.S., No. 49A02-1004-JV-567, __ N.E.2d __ (Ind. Ct. App., Nov. 16, 2010)
Juvenile court did not err in dismissing delinquency petition after finding the juvenile defendant incompetent to stand trial.
Cranston v. State, No. 29A02-1003-CR-374, __ N.E.2d __ (Ind. Ct. App., Nov. 8, 2010)
Datamaster evidence ticket is not “testimonial hearsay” under the Crawford Confrontation Clause holding.