The Indiana Law Blog: Ind. Decisions - Court of Appeals issues 3 today (and 17 NFP)

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Friday, February 08, 2008

Ind. Decisions - Court of Appeals issues 3 today (and 17 NFP)

For publication opinions today (3):

In Charles Downey Family Limited Partnership v. S & V Liquor, Inc. , a 15-page opinion, Judge Barnes writes:

Charles Downey Family Limited Partnership (“CDFLP”) appeals the amount of damages it was awarded in its eviction action against S & V Liquor, Inc. (“S & V”). It also appeals the trial court’s award of attorney fees to S & V. We affirm.

The issues before us are: I. whether the trial court properly calculated the damages CDFLP was entitled to following S & V’s continuing to occupy property CDFLP owned beyond the lease’s expiration; and II. whether the trial court properly awarded attorney fees to S & V for CDFLP’s alleged bringing of a frivolous or groundless claim against S & V.

In Dietrich Industries, Inc. v. Teamsters Local Unit 142, and Review Board , a 9-page opinion, Judge May writes:

Dietrich Industries appeals the Unemployment Insurance Review Board’s determination that its employees were eligible for benefits during a lockout and the subsequent “start up” period. We affirm.

In LaSalle Group, Inc. v. Electromation of Delaware County, Inc. , a 6-page opinion, Judge May writes:

LaSalle Group appeals an order finding its arbitration agreement with a subcontractor was void and accordingly denying its motion to enforce the agreement. As the Indiana statute on which the trial court relied is preempted by federal law, we reverse. * * *

Those courts that have considered statutes that purport to limit arbitration provisions in the manner the Indiana statute does have consistently determined the state statutes are preempted by the Federal Arbitration Act. * * * The Indiana Code provision before us is preempted for the same reasons. * * * We must accordingly reverse the denial of LaSalle’s motion to enforce the arbitration agreement. Reversed.

NFP civil opinions today (5):

Debra Hafenbridle v. Gary Hafenbridle (NFP)

Steven B. Sexton v. Deborah L. Sexton (NFP)

Term. of Parent Rights of B.H., B.H., and B.H., and Ronald H. v. Tippecanoe Co. Dept. of Child Services (NFP)

Lake Co. Board of Commissioners and Lake Co. Sheriff's Dept. v. Review Board, and Gary Midkiff (NFP)

Ky Morton v. Jerome P. Ivacic (NFP)

NFP criminal opinions today (12):

Shawn M. Siener v. State of Indiana (NFP)

Keith Powell v. State of Indiana (NFP)

Maceo Neal v. State of Indiana (NFP)

Demetrius Burks v. State of Indiana (NFP)

Richard W. Dailey v. State of Indiana (NFP)