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Thursday, September 03, 2009

Ind. Decisions - Court of Appeals issues 0 today (and 5 NFP)

For publication opinions today (0):

NFP civil opinions today (3):

Michael England v. Lori England n/k/a Lori Alicea (NFP) - "Michael England (“Husband”) appeals a child support arrearage order entered in favor of Lori Alicea (“Wife”). The sole issue is whether the trial court erred in calculating his accumulated child support arrearage. We affirm."

In Jon Huff and Mary Huff v. Mike Stoffel and Rose Stoffel (NFP), a 15-page opinion, Judge Bradford writes:

Mike Stoffel and Rose Stoffel brought an action against Jon Huff and Mary Huff alleging breach of contract and constructive fraud. The trial court found in favor of the Stoffels and awarded them $11,525 in damages, $14,036.10 in attorney’s fees, and costs. The Huffs appealed, and this court reversed and remanded for vacation of the trial court’s judgment on two grounds: (1) the trial court’s finding of constructive fraud was based upon an unreasonable interpretation of the contract; and (2) the contract was unenforceable under Indiana Code section 32-21-5-10(c) (2005). The Stoffels filed a petition for rehearing, pointing out that Indiana Trial Rule 9(C) requires a party denying the occurrence of a condition precedent—such as compliance with section 32-21-5-10(c)—to plead it with particularity, which the Huffs did not do. Accordingly, we grant the petition for rehearing, vacate that part of our earlier decision concluding that the contract was unenforceable under section 32-21-5-10(c), remand to the trial court for a factual determination on this issue, and consider the Huffs’ recusal challenge. In all other respects we affirm our original decision.
Term. of Parent-Child Rel. of B.B. and A.P.; M.B. v. IDCS (NFP)

NFP criminal opinions today (2):

Clifton K. Miller v. State of Indiana (NFP)

Cedric Ford v. State of Indiana (NFP)

Posted by Marcia Oddi on September 3, 2009 12:08 PM
Posted to Ind. App.Ct. Decisions