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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowIndiana Court of Appeals
State of Indiana v. B.H.
24A-JV-1247
Juvenile. Reverses the Cass Circuit Court’s denial of the state’s request for authorization to file a delinquency petition against 18-year-old B.H. based on an act he allegedly committed when he was 17. Finds that an order rejecting a delinquency petition for lack of subject-matter jurisdiction is comparable to the dismissal of an indictment or information and therefore, the state is entitled to appeal the juvenile court’s ruling. Also finds the state did meet the deadlines for seeking an interlocutory appeal and while this is not actually an interlocutory appeal, both the juvenile court and the Court of Appeals treated it as an interlocutory appeal and allowed the state to bring such an appeal.
Union Savings Bank v. Mychael T. Spencer
23A-PL-2734
Civil plenary. Reverses the Hancock Circuit Court’s granting of Mychal Spencer’s request for class certification and the court’s denial of Union Savings Bank’s motion to reconsider. Finds that the trial court abused its discretion in denying USB’s motion to reconsider the class certification. Also finds that the appellate court cannot say that the six persons who received a corrected loan payoff statement creates a class that is “so numerous” that joinder is impractical. Remands for further proceedings consistent with this opinion.
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