The proper remedy for an inadequate tax sale redemption notice [Ind. Code § 6-1.1-25-4.5] is ordering a new 120-day redemption period.
C. Bradford
Smith v. State, No. 18A-CR-3009, __ N.E.3d __ (Ind. Ct. App., Aug. 7, 2019).
The State failed to establish police officer’s decision to impound defendant’s vehicle adhered to established departmental routine or regulation. While evidence of the department’s written procedure need not be introduced, more than conclusory testimony from an officer is required.
Cleveland v. State, No. 18A-CR-2298, __ N.E.3d __ (Ind. Ct. App., July 15, 2019).
Trial court could not order the destruction of defendant’s handgun for the mere possession of it, but it also could not order its return when he lacked a license to carry.
Heraeus Medical, LLC v. Zimmer, Inc., No. 18A-PL-1823, __ N.E.3d __ (Ind. Ct. App., April 15, 2019)
The trial court’s preliminary injunction and legal conclusions are reversed in part because portions of the non-compete and non-solicitation agreement are unclear and overbroad.
Ind. Farmers Mut. Ins. Co. v. Weaver, No. 18A-CT-2043, __ N.E.3d __ (Ind. Ct. App., March 1, 2019).
The term “using” is ambiguous in an auto insurance policy, because its meaning is susceptible to differing interpretations by reasonable persons; “using” is not synonymous with “operating.”