Trial court’s dismissal under TR 12(B)(8) should have been a dismissal without prejudice. A dismissal with prejudice is conclusive of the rights of the parties and is res judicata as to any questions that might have been litigated.
Per Curiam
Taylor v. Allen Cnty. Bd. of Comm’rs, No. 23S-CT-378, __ N.E.3d __ (Ind., Dec. 13, 2023).
Appeal was dismissed prematurely because plaintiff had 20 business days from the date of the Notice of Defect to submit corrected documents under Ind. Appellate Rule 23.
Williams v. State, No. 23S-CR-283, __ N.E.3d __ (Ind., Oct. 19, 2023).
Absent a knowing and voluntary waiver, Ind. Code § 35-38-1-4(a) requires that a defendant must be personally present at the time sentence is pronounced.
Goston v. State, No. 23S-CT-5, __ N.E.3d __ (Ind., Jan. 9, 2023).
Trial court acted within its discretion to consider defendants’ motion for summary judgment after the deadline set in the case management order. The local rule on case management orders should be read in harmony with the Trial Rules.
E.F. v. St. Vincent Hospital & Health Care Center, Inc., No. 22S-MH-194, __ N.E.3d __ (Ind., June 13, 2022).
Appellate courts have discretion to decide whether to reach the merits of an otherwise moot civil commitment case under the public-interest exception.