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Friday, February 18, 2011

Ind. Decisions - Court of Appeals issues 9 today (and 7 NFP)

For publication opinions today (9):

In Term. of Parent-Child Rel. of M.W.; M.W. v. I.D.C.S. , a 14-page opinion, Judge Barnes writes:

M.W. (“Father”) appeals the termination of his parental rights to his child, M.W. We reverse. * * *

Given Father's efforts to comply with the Amended Plan and his release from incarceration soon after the hearing date, the trial court's findings are not supported by clear and convincing evidence. We reverse the trial court's termination of Father's parental rights.

In Term. of Parent-Child Rel. of M.W.; M.B. v. I.D.C.S. , a 14-page opinion, Judge Barnes writes:
M.B. (“Mother”) appeals the termination of her parental rights to her child, M.W. We reverse. * * *

Given DCS's agreement to give Mother a second chance, Mother's severe stroke, and Mother's recent progress at stabilizing her life, the trial court's findings are not supported by clear and convincing evidence. We reverse the trial court's termination of Mother's parental rights.

In Corvee, Inc. v. Mark French , an 8-page opinion, Judge Barnes writes:
Corvee, Inc. appeals the amount of attorney fees the trial court awarded it in Corvee's successful collection action against Mark French. We affirm.

The sole restated issue is whether the trial court properly calculated the amount of attorney fees to which Corvee was entitled. * * *

There is no evidence in this case that Corvee actually incurred attorney fees of $3,400 in attempting to collect this debt from French. To allow Corvee to recover that amount in the absence of such evidence gives rise to the possibility that it will enjoy a windfall at French's expense, or that it will recover more from French than the outstanding account balance and the necessary costs Corvee actually incurred in collecting it. Collection actions should permit creditors to recover that to which they are rightfully entitled to make themselves whole, and no more. The trial court correctly refused to enforce the forty percent attorney fees provision. We also see no basis for second-guessing the trial court's calculation that $1,000 would reasonably and actually compensate Corvee for its attorney fees.

[ILB: Interesting footnotes here, including #3, which begins "We need not decide whether, as between a creditor and its attorney, an attorney fee for collection equaling forty percent of the outstanding debt would constitute a reasonable fee."]

Steve Weinreb, et al. v. TR Developers, LLC

Indiana Spine Group v. Handleman Company

Antonio Gonzalez Vazquez v. State of Indiana

Carolyn Boss v. State of Indiana

Elsor Matthews, Jr. v. State of Indiana

State of Indiana v. John Lovett

NFP civil opinions today (1):

Holly (Staggs) Lewis v. Diana Nicholson and Gary Staggs, Jr. (NFP)

NFP criminal opinions today (6):

James T. Bagby, Jr. v. State of Indiana (NFP)

James Wilhelm Jr. v. State of Indiana (NFP)

Sarah Allen v. State of Indiana (NFP)

Dennis Sanders v. State of Indiana (NFP)

Matthew A. Flores v. State of Indiana (NFP)

Mary K. Layton v. State of Indiana (NFP)

Posted by Marcia Oddi on February 18, 2011 10:49 AM
Posted to Ind. App.Ct. Decisions