When a juvenile court fails to enter the requisite findings of fact in its dispositional order, an appellate court should neither affirm nor reverse. Instead, the proper remedy is to remand the case under Ind. App. R. 66(C)(8) while holding the appeal in abeyance.
G. Slaughter
State ex. rel. Allen v. Carroll Cir. Ct., No. 23S‐OR‐311, __ N.E.3d __ (Ind., Feb. 8, 2024).
The trial court lacked the authority to remove counsel without considering other, less drastic options and weighing the prejudice to the defendant.
Morehouse v. Dux North, LLC, No. 23S-PL-71, __ N.E.3d __ (Ind., Feb. 8, 2024).
For an implied easement by prior use, the claimed servitude must predate the severance creating the separate parcels. For an implied easement of necessity, the claimed necessity need arise only at severance and not before.
DeCola v. Norfolk So. Corp., No. 23S-PL-358, __ N.E.3d __ (Ind., Dec. 8, 2023).
The appellate court did not have jurisdiction over denial of summary judgment motion because it was not a final order and did not resolve all claims as to all parties.
Noblesville Ind. Bd. of Zoning Appeals v. FMG Indianapolis, LLC, No. 23S-PL-114, __ N.E.3d __ (Ind., Sept. 25, 2023).
An ambiguous word in a city ordinance is a question of law, which the Court reviews de novo.