A party’s opposition to the motion for default judgment preserved its challenge for appeal and it was not required to also file a T.R. 60(B) motion.
Supreme
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.
DeCola v. Norfolk So. Corp., No. 23S-PL-358, __ N.E.3d __ (Ind., Dec. 8, 2023).
The appellate court did not have jurisdiction over denial of summary judgment motion because it was not a final order and did not resolve all claims as to all parties.
Mellowitz v. Ball State University, No. 23S‐PL‐60, __ N.E.3d __ (Ind., Nov. 21, 2023).
Shielding post-secondary educational institutions from pandemic‐related class action claims is within the General Assembly’s legislative authority, not an unconstitutional taking, and does not unconstitutionally impair the school’s contract obligations to its students.
State v. $2,435 in United States Currency and Alucious Q. Kizer, No. 23S-CR-72, __ N.E.3d __ (Ind., Oct. 31, 2023).
A claimant in an action brought under Indiana’s civil forfeiture statute has a constitutional right to trial by jury.