Legal Opinion

Indiana Bureau of Motor Vehicles v. Jennifer M. Gurtner

Indiana Court of Appeals

Decided February 26, 2015No. 50A03-1407-MI-256PublishedCited by 11 opinions

1Opinion of the Court

MATHIAS, Judge.

[1] The Indiana Bureau of Motor Vehicles (“BMV”) appeals the order of the Marshall Superior Court granting a petition for judicial review filed by Jennifer M. Gurtner (“Gurtner”) after her license was suspended for failure to provide proof of financial responsibility following an automobile accident. On appeal, the BMV claims that the trial court was without authority to grant the petition because the controlling statute provides the trial court with no discretion to overturn the suspension. Concluding that Gurtner did not adequately avail herself of the available statutory…

2Cases cited27 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Bell v. BursonSupreme Court of the United States · 1971
  3. Clark v. JeterSupreme Court of the United States · 1988
  4. Dixon v. LoveSupreme Court of the United States · 1977
  5. Citimortgage, Inc. v. Shannon S. Barabas a/k/a Shannon Sheets Barabas, ReCasa Financial Group, LLC, and Rick A. SandersIndiana Supreme Court · 2012

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3Cited by11 opinions

  1. RCM Phoenix Partners, LLC v. 2007 East Meadows, LPIndiana Court of Appeals · 2019
  2. City of Gary v. Smith & Wesson Corp.Indiana Court of Appeals · 2019
  3. Brenda A. Kyle v. Cedarview Management (mem. dec.)Indiana Court of Appeals · 2018
  4. Deandre L. Williams v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2019
  5. In the Matter of J.L. and T.L., Children in Need of Services, M.L., Father v. Indiana Department of Child Services (mem. dec.)Indiana Court of Appeals · 2020

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