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Monday, May 19, 2008

Ind. Decisions - Court of Appeals issues 0 today (and 4 NFP)

For publication opinions today (0):

NFP civil opinions today (2):

In Hawkeye Charter Service, Inc., and Terry Garoutte v. Damax, Inc., and National Flight Service, Inc. (NFP), a 33-page opinion, Judge Crone writes:

Hawkeye Charter Service, Inc. (“Hawkeye”), and Terry Garoutte, collectively, “Appellants,” appeal the trial court’s order granting summary judgment in favor of Damax, Inc. (“Damax”), and National Flight Service, Inc. (“National”). We affirm.

Issues. Appellants raise numerous issues, which we reorganize and restate as follows: I. Whether the trial court erroneously relied upon evidence not properly before it; II. Whether the court abused its discretion by allowing Appellants’ attorney to withdraw his appearance; III. Whether the court abused its discretion by not granting an extension of time to Appellants’ new counsel to respond to summary judgment motions filed by Damax and National; IV. Whether the court erred in finding Garoutte personally liable to Damax and National; V. Whether the court erred by concluding that Hawkeye and Garoutte are liable under a theory of conversion, rather than contract breach; and VI. Whether a hearing held twenty-four days after Damax filed its motion for entry of final judgment precluded Appellants from having thirty days in which to respond.

Victor and Patsy Zelinsky, and North Side Carry Out v. First Farmers Bank & Trust (NFP) - "Based upon the foregoing analysis and discussion, we conclude that the trial court properly entered summary judgment in favor of Bank. Further, we conclude that Appellants failed to establish any prejudice in support of their claim that the trial court’s judgment was improperly premature, and that there was insufficient evidence presented as to attorney fees. Accordingly, we remand this case to the trial court on the issue of attorney fees only, with instructions to request the parties to present additional evidence for an accurate determination of the award. Affirmed in part, reversed in part, and remanded."

NFP criminal opinions today (2):

Corey Deshawn Priest v. State of Indiana (NFP)

Sharon Yates v. State of Indiana (NFP)

Posted by Marcia Oddi on May 19, 2008 12:55 PM
Posted to Ind. App.Ct. Decisions