To successfully allege a meritorious claim or defense pursuant to Trial Rule 60(B), a party seeking relief from a default judgment must state a factual basis for his purported meritorious claim or defense, but this initial showing is not governed by the Rules of Evidence.
Appeals
Colvin v. Taylor, No. 21A-MF-3, __ N.E.3d __ (Ind. Ct. App., April 15, 2021).
Court could grant immediate possession of property because Indiana’s moratorium on evictions and foreclosures due to COVID-19 is no longer in effect.
Poppe v. Angell Enterprises, Inc., No. 20A-CT-2211, __ N.E.3d __ (Ind. Ct. App., April 19, 2021).
Summary judgment was properly granted for property owner when grocery shoppers were injured by an intoxicated driver in the parking lot; it was not a condition on the premises that caused the plaintiffs to be injured but a random criminal act that property owner could not have prevented.
Utley v. State, 20A-CR-1741, __ N.E.3d __ (Ind. Ct. App., Apr. 7, 2021).
The day of the arrest is not included in the fifteen-day time frame for which a defendant, who faces a petition to revoke probation, may be held in jail without a hearing.
Bonds v. State, 20A-CR-1449, __ N.E.3d __ (Ind. Ct. App., March 31, 2021).
An allegation by an inmate that the trial court has not included credit time earned in its sentencing is the type of claim appropriately advanced by a motion to correct sentence.