In March 2025, the Indiana Supreme Court decided two civil cases, while the Indiana Court of Appeals issued 22 published civil opinions.

In Hoagland Family Ltd. Partnership v. Town of Clear Lake, 2025 WL 841985 (Ind. Mar. 18, 2025), Hoagland filed its complaint against the town, and several governing bodies and officials, related to a separate action involving a sewage hookup dispute. Pursuant to T.R. 12(B)(8), which supplies a basis for dismissal when the complaint involves the “same action pending in another state court of this state,” the trial court granted the town’s motion to dismiss, with prejudice. On appeal, Hoagland didn’t contest dismissal but argued the trial court erred by dismissing the case with prejudice. In a per curiam decision, the court agreed, reasoning that the dismissal with prejudice denied Hoagland an opportunity to litigate its claims, particularly given that the dismissal with prejudice allows the town to assert an affirmative defense of res judicata in the separate, related case. Accordingly, the court remanded with instruction to issue an order dismissing Hoagland’s complaint without prejudice.

Click here to read the full article (starting on p. 35) written by Rani Amani, Jenny Buchheit, Abby DeMare, and Sean Dewey and first published in Res Gestae, an Indiana State Bar Association publication.