Businesses have a legitimate interest in maintaining a safe environment and preserving order on their premises. However, once a business has entered into an agreement with an individual which grants the individual a contractual interest in its property, the individual may not be found to have committed criminal trespass so long as the individual’s contractual interest remains.
Appeals
In re Guardianship of Sebastian, No. 23A-GU-3059, __ N.E.3d __ (Ind. Ct. App., July 10, 2024).
When a parent, having abandoned a child, dies in that state of abandonment, the child’s inability to reunify with that parent is still due to abandonment for purposes of the Special Immigrant Juvenile statute
Abbott v. Wegert, No. 23A-EV-3004, __ N.E.3d __ (Ind. Ct. App., July 3, 2024).
Small claims court did not have subject-matter jurisdiction to evict someone buying a house on contract; the property was worth more than $10,000 and the dispute was to ownership of the house.
NFI Interactive Logistics, LLC v. Bruski, No. 24S-CR-217, __ N.E.3d __ (Ind. Ct. App., June 26, 2024).
Trial court properly denied TR 12(B)(6) motion; the complaint encompasses viable claims premised on the failure to warn after potentially contributing to a hazard on the road, and the failure to comply with the statute requiring driver to turn on emergency flashers and place warning devices behind his vehicle.
In re I.E., No. 23A-JC-2399, __N.E.3d __ (Ind. Ct. App., June 24, 2024).
When the permanency plan for a child adjudicated a CHINS provides for appointment of a guardian under Ind. Code 31-34-21-7.7, the filing of a guardianship petition and notice of the petition and hearing are statutory prerequisites for appointment of a permanent guardian. The trial judge cannot “open” the guardianship without a guardianship petition and notice.