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Thursday, November 04, 2010

Ind. Decisions - Court of Appeals issues 2 today (and 5 NFP)

For publication opinions today (2):

In DBL Axel LLC v. Lasalle Bank National Association , a 15-page opinion, Judge Brown writes:

In this interlocutory appeal, DBL Axel, LLC (“DBL”) appeals the trial court's Order Directing Immediate Turnover of Funds (the “Order Directing Turnover”) in favor of LaSalle Bank National Association, Trustee (the “Trustee”) for Registered Holders of J.P. Morgan Chase Commercial Mortgage Securities Trust 2006-CIBC14, Commercial Mortgage Pass Through Certificates, Series 2006-CIBC14, (“J.P. Morgan”) acting by and through its Special Servicer, Midland Loan Services, Inc (“Midland”). DBL raises one issue, which we revise and restate as whether DBL's constitutional due process rights were violated when the trial court granted the Trustee's motion for turnover of funds and issued its Order Directing Turnover. We affirm and remand.
In Bruce R. Fox v. Dennis Rice and West Central Community Corrections , a 17-page opinion, Judge Robb writes:
Bruce Robert Fox appeals the trial court's grant of summary judgment in favor of West Central Community Corrections (“WCCC”) on Fox's claims of false arrest, false imprisonment, violation of rights under the Indiana Constitution and, pursuant to 42 U.S.C. section 1983, under the Fourth Amendment to the United States Constitution. Fox raises three issues for our review, which we restate as: 1) whether the trial court erred when it concluded the tort claim notice period expired before Fox filed his notice, 2) whether Fox's probation was revoked or tolled while he was imprisoned on other charges, and 3) whether WCCC caused Fox's allegedly false imprisonment.

We hold the tort claim notice period expired before Fox filed his notice and therefore whether Fox's probation was revoked or tolled has no bearing on the summary judgment order before us. We also hold Fox's federal claim does not contain a genuine issue of material fact, and therefore affirm the trial court's entry of summary judgment in favor of WCCC. * * *

Based on the facts and law above, Fox's state law claims against WCCC are barred by the notice requirement of the ITCA, and Fox's federal claim does not contain a genuine issue of material fact. Therefore, the trial court's summary judgment orders are affirmed.

NFP civil opinions today (2):

Term. of Parent-Child Rel. of C.M.; C.M. v. IDCS (NFP)

Kenneth Mitan v. Richard E. Deckard Family Limited Partnership #206 (NFP)

NFP criminal opinions today (3):

In the Matter of the Guardianship of Azzie Justice v. Garnet S. Justice (NFP)

Linda Chiesi v. State of Indiana (NFP)

Nickolas Sandifer v. State of Indiana (NFP)

Posted by Marcia Oddi on November 4, 2010 12:27 PM
Posted to Ind. App.Ct. Decisions