That an individual appeared at a hearing with counsel is insufficient to prove service; service and proof of service is required for all civil commitment cases.
J. Baker
Davis v. Phelps, No. 03A01-1604-PL-928, __ N.E.3d __ (Ind. Ct. App., Oct. 17, 2016).
At the least, the trial court must give an inmate forty-five days to pay the partial filing fee.
McKeen v. Turner, No. 53A05-1511-CT-2047, __ N.E.3d __ (Ind. Ct. App., Oct. 4, 2016).
“[A] plaintiff may raise any theories of alleged malpractice during litigation following the [Medical Review Panel] process if (1) the proposed complaint encompasses the theories, and (2) the evidence related to those theories was before the [Medical Review Panel].”
In re A.H., No. 49A04-1601-JC-42, __ N.E.3d __ (Ind. Ct. App., Aug. 18, 2016).
A CHINS adjudication is inappropriate when a parent is willing to provide care to the child without the coercive intervention of the court.
J.B. Hunt Transport, Inc. v. Guardianship of Zak, No. 45A03-1506-CT-670, __ N.E.3d __ (Ind. Ct. App., Aug. 18, 2016).
Evidence of post-accident investigations is not automatically excluded as a subsequent remedial measure.