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Tuesday, December 28, 2010

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

For publication opinions today (2):

In Richard Childress, Jr. v. State of Indiana , an 8-page opinion, Judge Robb writes:

Following a jury trial, Richard Childress, Jr., appeals his convictions of robbery and criminal confinement, both Class B felonies. On appeal he raises the sole issue of whether the trial court erred in admitting evidence the State did not disclose until the second day of trial. Concluding the State’s late disclosure did not impair Childress’s right to a fair trial, we affirm.
In Warren L. Williams, et al. v. David Orentlicher, et al. , a 23-page, 2-1 opinion, Judge Najam concludes:
In sum, we hold that the trial court properly denied Williams and Frankel's motion to compel arbitration. The Trust is not a party to the employment contracts, and it is the party opposed to the motion to compel. As such, the Trust is not estopped from disclaiming the arbitration clauses, even if the Trust is a third party beneficiary to the contracts. And the “close relationship” between the Trust and the ISTA is not, on these facts, legally sufficient to compel the Trust to arbitrate its claims against Williams and Frankel. Affirmed.

BAKER, C.J., concurs.
KIRSCH, J., dissents with separate opinion. [that concludes] The employment agreements provide for arbitration “should any issue arise regarding the performance of any obligation under the terms of this Agreement . . . .” Id. at 362. The Trust received the benefits of those agreements in the managerial services that Williams and Frankel provided. Having received the benefits of such agreements, the Trust should not now be able to disavow the arbitration provisions contained therein. It should be bound to the arbitration provisions of such agreements to the same extent that ISTA itself is bound.

I would reverse the decision of the trial court and remand with instructions to grant the appellants' motion to compel arbitration.

NFP civil opinions today (2):

Cynthia Ann Painter v. Lee Andrew Granderson (NFP)

Term. of Parent-Child Rel. of A.P., et al.; K.G. and T.G. v. I.D.C.S. (NFP)

NFP criminal opinions today (3):

Natasha R. LaFave v. State of Indiana (NFP)

Carla Tabor v. State of Indiana (NFP)

Richard Huffman v. State of Indiana (NFP)

Posted by Marcia Oddi on December 28, 2010 12:48 PM
Posted to Ind. App.Ct. Decisions