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Monday, January 31, 2011

Ind. Decisions - Court of Appeals issues 7 today (and 28 NFP) [Really!]

For publication opinions today (7):

In JK Harris & Co. v. Ronald Sandlin , a 22-page opinion, Judge Mathias writes:

Ronald Sandlin (“Sandlin”) obtained a default judgment against JK Harris & Co., LLC (“JK Harris”) in Marion Superior Court and successfully sought to certify a class of plaintiffs pursuant to Trial Rule 23. JK Harris later filed a Trial Rule 60(B) motion to set aside the default judgment and the class certification, both of which the trial court denied. Appealing the denial of its motion to set aside, JK Harris raises the following issues, which we reorder and restate as: I. Whether the trial court abused its discretion when it denied JK Harris's Trial Rule 60(B) motion to set aside the default judgment; II. Whether the trial court was required to dismiss the cause and order the parties to binding arbitration; and, III. Whether the trial court abused its discretion when it refused to set aside the class certification. * * *

JK Harris waived its argument that the trial court abused its discretion when it denied its Trial Rule 60(B) motion for reasons of excusable neglect and equity because those arguments were not raised in the trial court. JK Harris also waived its right to compel arbitration. Because JK Harris defaulted and failed to respond to any of Sandlin's pleadings concerning the class certification, the trial court did not abuse its discretion when it failed to set aside the class certification. Because of JK Harris's conscious decision not to participate for more than five and one-half months, a more precise identity of the relevant class may well require additional hearings that consider the results of further discovery on JK Harris. We therefore remand this case to the trial court to hold an evidentiary hearing pursuant to Rule 23(C)(1), in order to redefine the Plaintiff Class with more specificity.

Cynthia L. Foley v. Robert L. Schwartz and Danny L. Collins

Term. of Parent-Child Rel. of D.B.; W.B. v. IDCS

R.M. v. Second Injury Fund

Merle R. Webb v. State of Indiana

John M. Norris v. State of Indiana

Brett Zagorac v. State of Indiana

NFP civil opinions today (11):

T.B. v. Review Board (NFP)

Adoption of D.C., et al.; D.C. v. C.P. and C.P. (NFP)

Charleen (Turi) King v. Kenneth Robert Turi (NFP)

Daniel Hooper v. Donna Smith (NFP)

G.W. v. Review Board (NFP)

Katherine Weber v. Carrie Schlichtenmyer (NFP)

Term. of Parent-Child Rel. of C.K.; J.S. v. I.D.C.S. (NFP)

A.C., et al., Alleged to be CHINS; D.B. v. IDCS (NFP)

Scott A. Hesser v. Wendy S. Hesser (NFP)

Company v. Review Board, K.S. (NFP)

Term. of Parent-Child Rel. of S.S.; B.S. & T.S. v. I.D.C.S. (NFP)

NFP criminal opinions today (17):

Roy A. Selby v. State of Indiana (NFP)

Gary G. Lane v. State of Indiana (NFP)

Marty B. Beard v. State of Indiana (NFP)

Dorian L. Harris v. State of Indiana (NFP)

Virgil Austin v. State of Indiana (NFP)

R.K. v. State of Indiana (NFP)

Jackie Joiner v. State of Indiana (NFP)

Tiffany Shelman v. State of Indiana (NFP)

Conan Helsley v. State of Indiana (NFP)

James Daher, Jr. v. State of Indiana (NFP)

Gregory Barkdull v. State of Indiana (NFP)

D.A. v. State of Indiana (NFP)

David Farmer, II v. State of Indiana (NFP)

Charles D. Lamphier v. State of Indiana (NFP)

Monica M. Emmons v. State of Indiana (NFP)

Charles Vernon Nute, Jr. v. State of Indiana (NFP)

Kaouthar Chamem v. State of Indiana (NFP)

Posted by Marcia Oddi on January 31, 2011 01:22 PM
Posted to Ind. App.Ct. Decisions