The Indiana Law Blog: Ind. Decisions - Court of Appeals issues 3 today (and 28 NFP)

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Thursday, October 18, 2007

Ind. Decisions - Court of Appeals issues 3 today (and 28 NFP)

For publication opinions today (3):

In Natare Corporation v. Cardinal Accounts, Inc. , an 8-page opinion, Chief Judge Baker writes:

Appellant-defendant Natare Corporation (Natare) appeals from the trial court’s order granting appellee-plaintiff Cardinal Accounts, Inc.’s (Cardinal) motion to reinstate its complaint against Natare. In particular, Natare contends that Cardinal has failed to establish that it has a meritorious claim, that Cardinal has not shown exceptional circumstances justifying extraordinary relief, and that the balance of equities weighs against reinstating the complaint. Finding that Cardinal has wholly failed to carry its burden of establishing that it is entitled to reinstatement, we reverse the judgment of the trial court. * * *

Ultimately, we conclude that the trial court’s decision to reinstate Cardinal’s complaint was against the logic and effect of the facts and circumstances before the court and that it abused its discretion in ordering reinstatement.

In Bonita G. Hilliard in her Capacity as Trustee of the H. David and Bonita G. Hilliard Living Trust v. Timothy E. Jacobs, a 9-page opinion, Judge Barnes writes:

Bonita Hilliard, in her capacity as the trustee of the H. David and Bonita G. Hilliard Living Trust, appeals the trial court’s granting of Timothy Jacobs’s motion for summary judgment. We affirm.

Issue. Bonita raises one issue, which we restate as whether the trial court properly determined that Jacobs was entitled to summary judgment because he was permitted to maintain the life insurance policies on David after the insurable interest that gave rise to the policies terminated. * * *

Because these policies were valid at their inception, we find it unnecessary to extend the requirement that an insurable interest continue throughout the terms of the policies. The trial court properly granted Jacobs’s motion for summary judgment.

Conclusion. Because the life insurance policies were valid at their inception, the trial court properly granted Jacobs’s motion for summary judgment. We affirm.

In Kopka, Landau & Pinkus v. Larry Hansen, et al., a 17-page opinion, Chief Judge Baker writes:

Appellant-plaintiff/counter-defendant Kopka, Landau & Pinkus (KLP) appeals two of the trial court’s orders—one in which the trial court entered summary judgment in favor of appellees-defendants/counter-plaintiffs Larry Hansen, Rick Skiles, and Skiles Hansen LLP d/b/a Skiles Hansen Cook & DeTrude (SHCD) (collectively, the appellees) on KLP’s complaint, and another in which the trial court entered judgment in favor of the appellees on their counterclaims against KLP.

KLP argues that the trial court erroneously concluded that (1) KLP failed to prove that Hansen breached his fiduciary duty of loyalty, (2) the appellees are entitled to damages and attorney fees under the Indiana Wage Payment Statute,1 and (3) the appellees successfully proved their counterclaims for frivolous litigation and malicious prosecution against KLP.

Finding that the appellees are not entitled to damages or attorney fees pursuant to the Indiana Wage Payment Statute and finding no other errors, we affirm in part, reverse in part, and remand with instructions to calculate the amount of prejudgment interest owed to the appellees.

NFP civil opinions today (7):

Fern E. Firestone v. American Premier Underwriters/Ivan Brown and Mary Brown v. Ralph Jones and Shane Jones (NFP)

Issa Kouyate v. Oki Systems (NFP)

Henry Hillard v. Mary Hillard (NFP)

John Freidline v. Anthony Thomalla (NFP)

Termination of the Parent-Child Relationship of C.R. and D.R.; Tina Rowland v. Allen County Office of Family and Children (NFP)

Candlewood Apartments v. Cecil Goen and Betty Goen (NFP)

Termination of the Parent-Child Relationship of S.M. and T.M.; Shelby Stone v. Marion County Department of Child Services and Child Advocates (NFP)

NFP criminal opinions today (21):

Flora Ann Richey v. State of Indiana (NFP)

Robert D. Walker v. State of Indiana (NFP)

Ronald Casner v. State of Indiana (NFP)