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Monday, January 30, 2006

Ind. Decisions - Court of Appeals issues four

Orthodontic Affiliates, P.C. v. Shawn R. Long, D.D.S., a 7-page opinion by Judge May, deals with termination of an employment contract, and concludes:

The language of Paragraph 7 is not ambiguous and the contract between Long and Orthodontic Affiliates was properly terminated by Long’s letter. Because there are no genuine issues of material fact and Long was entitled to judgment as a matter of law on this issue, the trial court did not err in granting partial summary judgment in Long’s favor. Accordingly, we affirm.
In Mattie Smith v. Estate of Jodie Mitchell, Judge Riley's 8-page opinion concludes:
While the law has taken more than one turn in deciding the requisite components of commencing a civil action, it appears to have been settled that a plaintiff must fulfill all the obligations of Ind. Trial Rules 3 and 4 to commence a lawsuit, including an action to contest a will.3 Therefore, we find that it was proper for the trial court to grant summary judgment in favor of the Estate.
Richard Lee v. Kimberly Hamilton - "The trial court did not abuse its discretion in excluding Exhibits 6 and 24 or in declining Defendant’s Tendered Instructions Nos. 9 and 10. Accordingly, we affirm."

Villas West II of Willowridge v. Edna McGlothin is a 38-page opinion by Judge Sharpnack dealing with whether a homeowners' associations' restrictive covenant that prohibited leasing of a residence violated the Fair Housing Act, 42 U.S.C. §§ 3601-3619. The court here affirms the trial court's finding that it did, writing in conclusion:

While we think this is a close case, we cannot say the trial court’s finding of a violation of the federal Fair Housing Act is clearly erroneous. In doing so, we do not intend to imply that all restrictive covenants prohibiting leasing violate the federal Fair Housing Act. Rather, this is complex, fact-sensitive analysis that should not be taken to apply to all such covenants.

Posted by Marcia Oddi on January 30, 2006 10:29 AM
Posted to Ind. App.Ct. Decisions