Legal Opinion · Dissent

In the Matter of the Civil Commitment of: M.L. v. Eskenazi Health/Midtown Mental Health CMHC

Indiana Court of Appeals

Decided June 27, 2017No. Court of Appeals Case 49A02-1612-MH-2823Published

1DissentBradford, Judge

I respectfully disagree with the majority’s conclusion that M.L. adequately preserved his claim that Eskenazi presented insufficient evidence to support a special condition of his commitment, specifically, that he refrain from using alcohol or unauthorized drugs should he attain outpatient status. Consequently, I respectfully dissent.

“ ‘A party generally waives appellate review of an issue or argument unless the party raised that issue or argument before the trial court.’” Benton Cty. Remonstrators v. Bd. of Zoning Appeals of Benton Cty., 905 N.E.2d 1090, 1096 (Ind. Ct. App. 2009) (quoting…

2Cases cited2 opinions

  1. GKC Indiana Theatres, Inc. v. Elk Retail Investors, LLC.Indiana Court of Appeals · 2002
  2. Benton County Remonstrators v. Board of Zoning AppealsIndiana Court of Appeals · 2009

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