A trial court may not amend a sentence made pursuant to a fixed plea agreement; however, a trial court is authorized to reject such an agreement.
R. Altice
In re Civil Commitment of T.W., No. 18A-MH-1148, __ N.E.3d __ (Ind. Ct. App., Nov. 21, 2018).
Although commissioner could not enter a final appealable order for temporary commitment, appellate review of the issue was waived because commitment order was not objected to prior to appeal.
Ind. University Health So. Ind. Physicians, Inc. v. Noel, No. 18A-CT-1299, __ N.E.3d __ (Ind. Ct. App., Nov. 7, 2018).
Venue statute, Ind. Code § 23-0.5-4-12, conflicts with Trial Rule 75, so the statute is void.
Tunstall v. Manning, No. 49A04-1711-CT-2572, __ N.E.3d __ (Ind. Ct. App., Aug. 20, 2018).
Trial court did not abuse its discretion by refusing to allow Defendant to cross-examine Plaintiff’s expert witness about his disciplinary history with the Medical Licensing Board.
Hamilton v. Steak’n Shake Operations, Inc., No. 49A02-1704-CT-776,__ N.E.3d __(Ind. Ct. App., March 7, 2018).
Using the Goodwin/Rogers framework, when the broad type of plaintiff is a restaurant patron who has been subjected to escalating threats and taunts and the broad type of harm is injury resulting after the encounter culminated in physical violence, the defendant restaurant had a duty to take reasonable steps to provide for patron safety once the raucous behavior came to its attention.