Evidence obtained after entry of an order granting a motion for partial summary judgment may not form the basis for vacating that order. Relief from judgment under Indiana Trial Rules is not limited to final judgments.
Supreme
Inman v. State, No. 49S00-1207-LW-000376, __ N.E.2d __ (Ind., Feb. 11, 2014).
“[T]he better practice going forward would be for trial courts to refuse to accept exhibits when tendered ex parte, unless the opposing party has been given notice and an opportunity to be heard on the matter.”
Veolia Water Indianapolis, LLC v. Nat’l Trust Ins. Co., No. 49S04-1301-PL-00008, __ N.E.2d __ (Ind., Feb. 6, 2014)
A for-profit, private company operating a public water utility under a contract with a governmental unit does not have common law sovereign immunity.
Paul Stieler Enterprises, Inc. v. City of Evansville, No. 82S01-1306-CT-436, __ N.E.2d __ (Ind., Feb. 11, 2014)
Amended smoking ban ordinance violates the equal privileges and immunities clause of the Indiana Constitution, voiding the amendment that exempted the riverboat casino.
In re S.D., No. 49S05-1309-JC-585, __ N.E.2d __ (Ind., Feb. 12, 2014)
Trial court improperly found that a child with special needs is a child in need of services.