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Tuesday, August 05, 2008

Ind. Decisions - Court of Appeals issues 1 today (and 6 NFP)

For publication opinions today (1):

In First Farmers Bank & Trust Co. v. Dianna F. Whorley , a 19-page opinion, Judge Riley writes:

Appellant-Defendant, First Farmers Bank & Trust Co. (First Farmers), appeals the trial court’s denial of its motion for summary judgment and the grant of partial summary judgment in favor of Appellee-Plaintiff, Dianna F. Whorley (Whorley), in an action for breach of fiduciary duty following a guardianship. * * *

Based on the foregoing, we find that the trial court properly denied First Farmers’ motion for summary judgment. However, we conclude that the trial court erred by granting Whorley’s motion for partial summary judgment.

NFP civil opinions today (1):

Andy's Trucking & Equipment Co. v. City of Gary, Indiana; Mayor Rudolph Clay (NFP) - "Andy’s presents three issues for our review, which we restate as one: whether the trial court’s findings of fact and conclusions of law are clearly erroneous.

"Andy’s Truck & Equipment Co., Inc. (“Andy’s”) is a business in Gary, Indiana that sells used truck parts and machinery. Andrew Young is the president of Andy’s. The City of Gary (“the City”) filed a complaint against Andy’s alleging that Andy’s was using its property in violation of city ordinances. After prolonged litigation, a bench trial was held, and the trial court entered its findings of fact and conclusions of law enjoining Andy’s from engaging in certain activities on its property. This appeal ensued." Affirmed

NFP criminal opinions today (5):

Devan White v. State of Indiana (NFP)

Devon L. Upshaw v. State of Indiana (NFP)

Delores March v. State of Indiana (NFP)

Robert W. Thompson v. State of Indiana (NFP)

Joshua Renick v. State of Indiana (NFP)

Posted by Marcia Oddi on August 5, 2008 01:14 PM
Posted to Ind. App.Ct. Decisions