Although the sellers’ bankruptcy action had been dismissed, bankruptcy court was the proper venue for a quiet title action on property that was part of the bankruptcy estate.
Appeals
Miller v. Federal Express, Corp., No. 49A02-1307-PL-619, __ N.E.3d __ (Ind. Ct. App., April 4, 2014)
Defendants were immune from suit under the federal Communications Decency Act as “providers of an interactive computer service.”
Mesa v. State, No. 36A01-13080MI-362, __ N.E.3d __ (Ind. Ct. App., Mar. 25, 2014).
Summary judgment procedure applies to forfeiture actions.
Byrd v. State, No. 10A01-1309-IF-383, __ N.E.3d __ (Ind. Ct. App., Mar. 26, 2014).
When ticket alleged speeding infraction of 54 mph in a 30 mph zone but trial evidence indicated limit might have been 45 mph rather than 30, defendant was improperly convicted of driving at 54 mph in a 45 mph zone.
Bigger v. State, No. 02A03-1308-CR-315, __ N.E.3d __ (Ind. Ct. App., Mar. 26, 2014).
While no statutes or case law appear to require formal pleading of the defense of abandonment, “[w]e deem necessary the assertion of the defense in some manner.”