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Monday, March 02, 2009

Ind. Decisions - Court of Appeals issues 1 today (and 3 NFP)

For publication opinions today (1):

In In the Matter of the Stuart Cochran Irrevocable Trust; Chanell and Micaela Cochran v. Keybank, N.A., a 22-page opinion, Chief Judge Baker writes:

Appellants-petitioners Chanell and Micaela Cochran (the Beneficiaries) appeal the trial court’s order entering final judgment in favor of appellee-respondent KeyBank, N.A. (KeyBank), on the Beneficiaries’ petition seeking an accounting and alleging that KeyBank had breached its obligations as Trustee. The Beneficiaries argue that the trial court erroneously concluded that KeyBank did not violate the prudent investor rule and or breach its duties as trustee. Finding no error, we affirm. * * *

In sum, we find that the trial court did not erroneously conclude that, while KeyBank’s decisionmaking process and communication with the Beneficiaries was not perfect, it was sufficient. Although it is tempting to analyze these cases with the benefit of hindsight, we are not permitted to do so, nor should we. KeyBank chose between two viable, prudent options, and given the facts and circumstances it was faced with at that time, we do not find that its actions were imprudent, a breach of any relevant duties, or a cause of any damages to the Beneficiaries.

NFP civil opinions today (0):

NFP criminal opinions today (3):

David Nibbs v. State of Indiana (NFP)

John Dixon v. State of Indiana (NFP)

Benjamin Zell v. State of Indiana (NFP)

Posted by Marcia Oddi on March 2, 2009 01:16 PM
Posted to Ind. App.Ct. Decisions