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Thursday, March 13, 2008

Ind. Decisions - Court of Appeals issues 1 today (and 4 NFP)

For publication opinions today (1):

In Baker Machinery, Inc. v Superior Canopy Corp., et. al., a 14-page opinion, Judge Friedlander concludes:

In dismissing Baker’s case, the trial court considered the factors identified in Lee v. Friedman, 637 N.E.2d 1318 and concluded that (1) Baker had taken an unreasonable amount of time to take any action in prosecuting its case, (2) Superior and Mega had suffered prejudice as a result of the delay in that evidence has become stale and some witnesses could not be found, (3) generally, Baker had a lengthy history of having deliberately proceeded in a dilatory fashion in this lawsuit; and (4) Baker was “stirred into action” only by a threat of dismissal and not by diligence on its (Baker’s) part. We conclude that the evidence supports those findings and that the findings are legally sufficient to support the trial court’s T.R. 41(E) dismissal of Baker’s lawsuit. Judgment affirmed.
NFP civil opinions today (2):

Deborah L. Hack v Maxine L. Doyle (NFP) - "Looking at the four corners of the Agreement between Doyle and Hack, we agree with the trial court that the Agreement is a lease or rental agreement and not a contract for the sale of real estate. The inclusion of the option to purchase in the Agreement did not give Hack a right in the property but merely granted her the right—upon cash payment of $120,000 minus credit for any rental payments already made—to “purchase the Leased premises[.]” Accordingly, we conclude the trial court did not err when it determined that the Agreement was a rental agreement. Judgment affirmed.

Steven Sander Parfenoff v. Dawn Marie Parfenoff (NFP) - "The evidence supports the trial court’s determination that there has been a change in circumstances so substantial and continuing that it is in the children’s best interests that Mother be awarded sole physical custody."

NFP criminal opinions today (2):

James D. Hutton v. State of Indiana (NFP)

Rudy Cardwell v. State of Indiana (NFP)

Posted by Marcia Oddi on March 13, 2008 12:53 PM
Posted to Indiana Decisions