There is no private cause of action under the Flood Control Act.
E. Najam
Sheetz v. Sheetz, No. 01A05-1601-DR-80, __N.E.3d__ (Ind. Ct. App., Nov. 23, 2016).
Husband is equitably estopped from rebutting the presumption that he is child’s biological father because he told his wife that he would raise the child as his own, prohibited her from telling the child’s biological father that she was pregnant and also instructed her not to seek support from the biological father or to file a paternity action.
Johnson v. State, 71A04-1605-CR-1042, __ N.E.3d __ (Ind. Ct. App., Sept. 16, 2016).
Driver of car constructively possessed heroin when the driver made furtive gestures when pulled over, the heroin was in close proximity to the driver, and the nature of the space demonstrated that he knew of the nature and presence of the heroin.
White v. Canal Ins. Co., No. 71A03-1602-CT-270, __ N.E.3d __ (Ind. Ct. App., Sept. 8, 2016).
As a matter of law, service on out-of-state defendant at the home address provided to the police at the time of the time of the accident and service on the defendant company through the Indiana Secretary of State was consistent with due process and reasonably calculated to inform the defendants that an action had been instituted against them.
Montgomery v. State, No. 02A04-1511-CR-2013,__N.E.3d__ (Ind. Ct. App., Aug. 5, 2016).
Placement on probation and placement in a community transition program are not one and the same, and the court’s consideration of those options is not mutually exclusive; therefore, the trial court’s revocation of probation was not barred by res judicata.