Pulling the victim to the ground during the course of a battery was insufficient to establish D-felony criminal confinement by removal under I.C. § 35-42-3-3(a)(2).
Supreme
Anderson v. Gaudin, No. 07S01-1505-PL-284, __ N.E.3d __ (Ind., Sept. 1, 2015).
“[U]nder the Home Rule Act, boards of county commissioners are authorized to amend a fire protection district, even if such amendment dissolves the district.”
Huntington Nat’l Bank v. Car-X Assoc. Corp., No. 64S04-1504-MF-187, __ N.E.3d __ (Ind., Aug. 21, 2015).
Affirm the trial court’s denial of defendant’s motion to set aside the default judgment under T.R. 60(B)(1) for excusable neglect, but remands to the trial court to reconsider whether equitable reasons support granting the motion under T.R. 60(B)(8).
Goodrich Quality Theaters, Inc. v. Fostcorp Heating & Cooling, Inc., No. 64S03-1504-PL-227,__ N.E.3d __ (Ind., Aug. 26, 2015).
Under Indiana’s mechanic’s lien statute, lienholders are entitled to collect attorney’s fees incurred in foreclosing upon their liens from a party who posts a surety bond securing the liens.
SCI Propane, LLC v. Frederick, No. 55S04-1508-PL-501,__ N.E.3d __ (Ind., Aug. 27, 2015).
Attorneys’ fees are not recoverable under the General Wrongful Death Statute as a form of damages when the decedent is survived by a spouse and/or dependents.