It did not violate the trial rules or father’s right to due process when one magistrate resigned and a different magistrate that was not present at the hearing reported factual findings and conclusions to the judge to issue the subsequent recommended order terminating father’s parental.
J. Baker
In re N.C.G., No. 02A04-1301-JP-21, __ N.E.2d __ (Ind. Ct. App., Sept. 19, 2013).
“[S]o long as a father pays child support, exercises parenting time, and actively participates in the child’s life, then the best interests of the child may be served by giving the child the father’s surname to reinforce the bond between father and his nonmarital child, particularly if father is the noncustodial parent.”
Lunsford v. Deutsche Bank Trust Co. Americas, No. 30A01-1302-MF-63, __ N.E.2d __ (Ind. Ct. App., Sept. 20, 2013).
The bank had the senior claim on a property even though a land contract between the owner and buyer had been executed years earlier because the contract wasn’t recorded until after the mortgage was recorded.
Morris v. State, No. 14A05-1209-CR-495, __ N.E.2d __ (Ind. Ct. App., Aug. 23, 2013).
A trial court may order restitution in a case in which there is a plea bargain silent on the restitution issue as long as the bargain is “open” and leaves sentencing entirely to the court’s discretion.
Dillon v. State, No. 27A05-1210-CR-542, __ N.E.2d __ (Ind. Ct. App., Aug. 14, 2013).
When nunc pro tunc order reinstating OWI conviction after its “inadvertent[] dismissal” by State was entered after defendant had committed his second OWI offense, the reinstated conviction could not serve as a basis for enhancing the second to a D felony.