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Jason Kelly and Myka Kelly v. State of Indiana, et al.
23A-CT-1845
Civil tort. Affirms the Wabash Circuit Court’s granting of a partial motion by the State of Indiana to dismiss Jason and Myka Kelly’s breach of contract claim against the Indiana Department of Child Services and several individual DCS employees. Finds that the trial court did not err in entering judgment as a matter of law in favor of the state. Also finds the Kellys have not alleged and there is no evidence in the record that the state engaged in acts of contractual sabotage or bad faith. Finally, finds that because the approval of the governor, which is statutorily required, and the approval of the attorney general were not obtained, and, where there is no evidence in the record that the state engaged in acts of contractual sabotage or bad faith, the agreement is not enforceable.
Christopher Nardi v. J. Bradley King and Angela M. Nussmeyer in their official capacities as members of the Indiana Election Division
23A-PL-2832
Civil plenary. Affirms the Marion Superior Court’s entry of partial summary judgment in favor of Christopher Nardi, but reverses its partial grant of his request for fees and costs. Finds that the trial court erred in finding that Nardi had substantially prevailed over J. Bradley King and Angela Nussmeyer in their official capacities with the Indiana Election Division, which means that it also erred in awarding Nardi any fees or costs.
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