Owner’s voluntary surrender of neglected animals precluded use of statute requiring payment to a shelter for care of impounded animals, but payment for animals’ care was properly ordered under the general restitution statute.
Appeals
Clem v. Watts, No. 60A05-1406-PL-297, N.E.3d __ (Ind. Ct. App., Feb. 18, 2015).
An attorney fee lien is not valid if the lien is filed before judgment is entered.
Keller v. State, No. 88A04-1404-CR-168, __ N.E.3d __ (Ind. Ct. App., Feb. 9, 2015).
The evidence did not support the conclusion that a long-abandoned farmhouse undergoing renovation was a “dwelling” for purposes of burglary; opinion does not address instructions tendered and given on “dwelling.”
Thomson v. St. Joseph Regional Medical Center, No. 71A04-1405-CT-246, __ N.E.3d __ (Ind. Ct. App., Feb. 9, 2015).
No expert was required for the medical malpractice case; common sense and experience is enough to conclude that an arm board should not become detached leaving a patient’s arm dangling for such a period of time that the patient suffers nerve injury.
Miller v. Danz, No. 49A05-1401-PL-45, __ N.E.3d __ (Ind. Ct. App., Feb. 11, 2015).
“T.R. 17(F) permits the insertion of the name of a real party in interest ‘at any time.’ In cases where the statute of limitation has expired and the opposing party raises the expiration of the statute of limitations as an affirmative defense, T.R. 15(C) provides the framework for determining whether the complaint against the now-named party, as amended pursuant to T.R. 17(F), relates back.”