If a party files a motion to correct error, it should either wait for a ruling on the motion before initiating the process of an appeal, or it should dismiss the motion to correct error.
Appeals
Manis v. McNabb, No. 18A-GU-96,__ N.E.3d __ (Ind. Ct. App., June 11, 2018).
The trial court has the authority to determine and order parenting time for a parent whose child is placed with a guardian.
Knutson v. State, No. 12A04-1709-CR-2246, __ N.E.3d __ (Ind. Ct. App., May 31, 2018).
Unlawful possession of a syringe cannot be enhanced to a Level 5 felony based on a prior conviction pursuant to the general offense-level statute (Ind. Code § 16-42-19-27).
Kirchgessner v. Kirchgessner, No10A01-1710-CP-2309,__ N.E.3d __ (Ind. Ct. App., May 29, 2018).
Trial court properly granted a T.R. 60(B)(7) motion within a reasonable time, even though it was over 25 years since the judgment was entered.
Certa v. Steak’n Shake Operations, Inc., No. 79A05-1708-CT-1873,__ N.E.3d __ (Ind. Ct. App., May 29, 2018).
Using the Rogers/Goodwin analysis, restaurant had a duty to protect restaurant patron from injury caused by another patron when the restaurant knew that the patrons had engaged in a verbal altercation and was aware of the potential for escalation of the conflict.