Wednesday, May 09, 2007
Ind. Decisions - Court of Appeals issues 2 today (and 9 NFP)
For publication opinions today (2):
Arrontin Plastic Materials of Indiana v. Wilmington Paper Corporation - "Arrotin raises one issue, which we restate as whether the trial court properly concluded that Wilmington did not breach the agreement with Arrotin." Contract interpretation. Affirmed.
NFP civil opinions today (1):
In Robert Woodruff v. Joan Lucas (NFP), an 11-page opinion, Judge Najam writes:
Robert Woodruff appeals from the trial court’s judgment in favor of Joan Lucas on Woodruff’s small claims complaint for ejectment and rent. The court originally entered judgment in favor of Woodruff but, after Lucas filed a motion to correct error, entered a Final Judgment Order granting Lucas’ motion.NFP criminal opinions today (8):
Woodruff presents two issues for review, namely: 1. Whether Lucas proved the common law elements of adverse possession. 2. Whether Lucas proved substantial compliance with the adverse possession tax statute. We reverse and remand with instructions. * * *
We conclude that, without any evidence that Lucas actually paid the taxes, there is no evidence to support the conclusion that she had a reasonable good faith belief she had paid all taxes due on the disputed parcel of real estate during the statutory period. Lucas bore the burden of proof by clear and convincing evidence on all the elements of her adverse possession claim, including compliance with the adverse possession tax statute. Because the record does not support the trial court’s conclusion that Lucas satisfied the statute, as determined in the trial court’s original judgment against Lucas, the court erred when it granted her motion to correct error and entered final judgment in favor of Lucas. Thus, we reverse and remand with instructions that the trial court reinstate its original judgment entered February 6, 2006, in favor of Woodruff .
Posted by Marcia Oddi on May 9, 2007 01:48 PM
Posted to Ind. App.Ct. Decisions