A trial court has no authority to grant an extension of time to file the record in a petition for review of an administrative agency action under the Indiana Administrative Orders and Procedures Act if the record is not filed within the required statutory period or any authorized extension of this period.
Reiswerg v. Statom, No. 49S02-0906-CV-280, ___ N.E.2d ___ (Ind., May 6, 2010)
A party does not waive an affirmative defense by failing to raise it in response to a motion for partial summary judgment that would not be dispositive as to the issue of liability.
Buchanan v. Vowell, No. 49A02-0909-CV-873, ___ N.E.2d ___ (Ind. Ct. App., May 12, 2010)
Where drunk driver injured plaintiff-pedestrian while driver was speaking on her cell phone with defendant (who was following driver in another car), trial court erred in dismissing plaintiff’s complaint alleging that defendant gratuitously undertook a duty to protect plaintiff from the driver and that defendant was acting in concert with the driver.
Storie v. Randy's Auto Sales, No. 94S00-0912-CQ-559, ___ N.E.2d ___ (Ind., May 13, 2010)
An entity that purchases and later sells a wrecked vehicle is required to apply for a salvage title under Ind. Code § 9-22-3-11(e) when it no longer owns the vehicle upon receipt of the certificate of title.
Buss v. Harris, No. 52A02-0911-CV-1088, ___ N.E.2d ___ (Ind. Ct. App., May 17, 2010)
Where defendant was not determined to be a sexually violent predator at sentencing, the Department of Correction could not later make that determination. Thus, the trial court properly declined to require the defendant to register as a sexually violent predator for life.