When the appointed special judge was unavailable, under T.R. 79(I)(2)(a), only a judge pro tempore, temporary judge, or a senior judge appointed by the special judge could preside over proceedings.
Appeals
Atkins v. Veolia Water Indianapolis, LLC, No. 49A02-1302-CT-181, __ N.E.2d __ (Ind. Ct. App., Oct. 1, 2013).
The trial court did not abuse its discretion by denying the party’s request to file a belated appeal. Although counsel did not have actual knowledge of the order, counsel did have notice, which is a prerequisite to relief under T.R. 72(E).
Barker v. State, No. 73A01-1212-CR-575, __ N.E.2d __ (Ind. Ct. App., Sept. 17, 2013).
“Whether home detention is imposed via a direct placement in a community corrections program or as a condition of probation, its accompanying statutory requirement that the detainee receive credit time militates toward counting it as part of the executed portion of his sentence.”
In re N.C.G., No. 02A04-1301-JP-21, __ N.E.2d __ (Ind. Ct. App., Sept. 19, 2013).
“[S]o long as a father pays child support, exercises parenting time, and actively participates in the child’s life, then the best interests of the child may be served by giving the child the father’s surname to reinforce the bond between father and his nonmarital child, particularly if father is the noncustodial parent.”
Lunsford v. Deutsche Bank Trust Co. Americas, No. 30A01-1302-MF-63, __ N.E.2d __ (Ind. Ct. App., Sept. 20, 2013).
The bank had the senior claim on a property even though a land contract between the owner and buyer had been executed years earlier because the contract wasn’t recorded until after the mortgage was recorded.