365 day period in which to file a petition to modify sentence without prosecutor’s consent begins to run when sentence is imposed, even when sentence sought to be modified runs consecutive to another.
Klotz v. Hoyt, No. 18S02-0807-CV-391, ___ N.E.2d ___ (Ind., Jan. 22, 2009)
Klotz v. Hoyt (Ind., Dickson, J.) – Landlord’s untimely or inadequate statutory damage notice to tenant precludes only landlord’s claims for physical damage to the premises and does not bar landlord from recovery of unpaid rent and other losses.
Cooper Indus., LLC v. South Bend, No. 49S04-0711-CV-541, ___ N.E.2d ___ (Ind., Jan. 22, 2009)
Landowner’s claims under the Environmental Legal Action statute accrued at the time the statute became effective.
Ramirez v. Wilson, No. 56A04-0806-CV-356, ___ N.E.2d ___ (Ind. Ct. App., Jan. 29, 2009)
Viable fetus was not a child for the purposes of the Child Wrongful Death statute.
Indiana Family & Social Servs. Admin. v. Meyer, No. 69A01-0807-CV-358, ___ N.E.2d ___ (Ind. Ct. App., Jan. 30, 2009)
Because plaintiff did not timely file the agency record or seek an additional extension of time in which to do so, its petition for judifical review of a final agency action was “subject to dismissal” under the Administrative Orders and Procedures Act; the trial court, however, had discretion to find that a petition “subject to dismissal” should not, upon a proper showing, be dismissed.