Abrogation of homeowners’ association dues and assessments is not the appropriate remedy for an owner’s dissatisfaction with the way the HOA is performing or the conditions or quality of the neighborhood and its amenities.
J. Baker
Archer v. State, No. 18A-PC-2681, __ N.E.3d __ (Ind. Ct. App., Sept. 12, 2019).
The presence of even one biased juror on the jury is a structural error requiring a new trial, and appellate counsel had an obligation to review the entire record of the trial proceedings, including the voir dire transcript.
Gulzar v. State, No. 19A-XP-637, __ N.E.3d __ (Ind. Ct. App., Sept. 6, 2019).
The five-year waiting period required to file an expungement petition begins on the date a class D felony was converted to a class A misdemeanor, and does not revert back to the date of the initial felony conviction.
Witham v. Steffan, No. 18A-TR-2914, __ N.E.3d __ (Ind. Ct. App., Sept. 6, 2019).
Incorrectly filing a will contest in the Circuit Court instead of in the Superior Court was a mistake in venue that mandated immediate transfer rather than dismissal with prejudice.
Indiana Land Trust Co. v. XL Investment Properties, LLC, No. 18A-MI-2150, __ N.E.3d __ (Ind. Ct. App., July 30, 2019).
For a tax sale, auditor is still charged with knowledge of the contents of its records and is constitutionally obligated to search those records.