It is constitutional that the legislature has directed that funds collected under the Indiana’s Civil Forfeiture Statute reimburse law enforcement costs before the transfer of proceeds from seized property to the Common School Fund.
G. Slaughter
In re Unsupervised Estate of Orlando C. Lewis, Jr., No. 18S-EU-507, __ N.E.3d __ (Ind., June 3, 2019).
Trial court properly exercised its discretion to reconsider its initial appointment of the special administrator of an estate. Though not required by statute or trial rule, courts should nevertheless give notice and hold a hearing before appointing a special administrator or rescinding such an appointment.
O’Bryant v. Adams, No. 18S-PL-584, __ N.E.3d __ (Ind., June 4, 2019).
A valid forum-selection clause, in which the parties agree by contract to litigate their disputes in a specific forum, does not deprive a trial court of personal jurisdiction over parties that would otherwise be subject to the court’s jurisdiction.
Town of Brownsburg, Ind. v. Fight Against Brownsburg Annexation, No. 19S-PL-342, __ N.E.3d __ (Ind., June 5, 2019).
A trial court hearing a remonstrance proceeding on judicial review must consider the evidence submitted by both the municipality and the remonstrators, and need not defer to either the municipality’s own evidence supporting the annexation or its determination that it met the statutory requirements.
J.W. v. State, No. 19S-JV-12, __ N.E.3d __ (Ind., Jan. 9, 2019).
A juvenile who challenges the validity of a consent judgment must first seek relief from the trial court under Trial Rule 60(B) and is entitled to legal representation in doing so.