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.
J. Baker
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.
Wallen v. Hossler, No. 19A-CT-40, __ N.E.3d __ (Ind. Ct. App., July 23, 2019).
Plaintiff may pursue excess damages from the Patient’s Compensation Fund either after a jury trial or after he has entered into a settlement agreement; nothing in the Medical Malpractice Act requires plaintiff to accept doctor’s offer to settle his liability.
Snyder v. Prompt Medical Transportation, Inc., No. 18A-CT-3112, __ N.E.3d __ (Ind. Ct. App., July 25, 2019).
Claims against Humana are preempted by federal law governing Medicare Part C.