Defendant waived his appeal of the default judgment by failing to file a T.R. 60(B) motion to set aside the default judgment; a motion to correct error did not preserve the issue.
Appeals
Lash v. Kreigh, No. 22A-CC-1069, __ N.E.3d __ (Ind. Ct. App., Jan. 18, 2023).
The proper calculation of damages based on the theory of quantum meruit used the plaintiff’s reasonable value of the work performed.
Brugh v. Milestone Contractors, LP, No. 22A-CT-845, __ N.E.3d __ (Ind. Ct. App., Jan. 11, 2023).
Surviving spouse timely substituted herself as the real party in interest within the prescribed time limitations of the Indiana Wrongful Death Stature; the deadline was tolled by the Supreme Court’s orders regarding COVID-19.
In re K.V., LP, No. 22A-JC-987, __ N.E.3d __ (Ind. Ct. App., Jan. 13, 2023).
DCS was not required to make a reasonable effort to reunify children with foster parents when it was not in the children’s best interest. Foster parents were not entitled to intervene in CHINS case.
Easterday v. Everhart, No. 22A-DC-1510, __ N.E.3d __ (Ind. Ct. App., Jan. 6, 2023).
The trial court erred when it based the modification of child’s legal custody solely on religion; totally prohibiting father from discussing religion with child violates his First Amendment right to free speech.