Courts can amend a CHINS petition on a party’s request to include CHINS allegations not pled by DCS when doing so serves the child’s best interests and does not prejudice the child’s rights. The best practice is for the court and counsel on all sides to determine at the earliest opportunity whether any party might request adjudication under an alternative CHINS category.
State ex rel. Mayhill v. Marion Superior Court 5, No. 25S-OR-90, __ N.E.3d __ (Ind., June 13, 2025).
After the Chief Administrative Officer denied withdrawing a case under TR 53.1, the parties could file an original action asking for a writ to withdraw the case from the trial court judge.
EdgeRock Dev., LLC v. CH Garmong & Son, Inc., No. 24S-PL-184, __ N.E.3d __ (Ind., June 3, 2025).
A construction lien secures only the debt for improvements directly benefiting the lien-attached property. Contractors can foreclose the liens on each property to recover only those amounts, not amounts for work to improve a different owner’s property.
Heitz v. State, No. 24A-CR-802, __ N.E.3d __ (Ind., June 6, 2025).
When a trial court’s local practice conflicts with Criminal Rule 4(C), the local practice is invalid, and delays arising from noncompliance with such practices cannot be charged to defendants.
City of Boonville v. Anderson, No. 24A-PL-1905, __ N.E.3d __ (Ind. Ct. App., May 28, 2025).
T.R. 41(A)(2) allows a trial court to condition a plaintiff’s voluntary dismissal “upon such terms and conditions as the court deems proper.” Trial court was well within its discretion not to impose any terms and conditions upon motion for voluntary dismissal.