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Tuesday, July 11, 2006
Ind. Decisions - Court of Appeals decides one today
In Brent E. Clary, et al v. Lite Machines, a 30-page opinion, Judge Crone writes:
Brent E. Clary, Roger W. Bennett, and Bennett, Boehning & Clary (collectively, “BB&C”) appeal the trial court’s entry of summary judgment in favor of Lite Machines Corporation (“Lite”) and the jury’s subsequent award to Lite of $3,612,574.00. On cross-appeal, Lite challenges the trial court’s denial of its motion for prejudgment interest. We affirm.Issues. BB&C presents seven issues, which we consolidate and restate as the following six:
I. Whether the trial court erred by denying its motion for summary judgment;
II. Whether the trial court abused its discretion by admitting three documents from the underlying case—specifically, Judge Donald C. Johnson’s findings of fact, conclusions of law, and judgment; his subsequent order; and the memorandum decision of this Court;
III. Whether the trial court abused its discretion by denying BB&C the opportunity to examine Judge Johnson, who presided over the underlying case;
IV. Whether the trial court abused its discretion by admitting evidence of Lite’s alleged lost profits from 1998 through 2004;
V. Whether there was sufficient evidence to sustain the jury’s award; and
VI. Whether Lite was required to prove that a greater damages award would have been collectible.On cross-appeal, Lite presents one issue, which we restate as whether the trial court erred by denying Lite’s motion for prejudgment interest.
Posted by Marcia Oddi on July 11, 2006 10:02 AM
Posted to Ind. App.Ct. Decisions