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Thursday, April 28, 2011

Ind. Decisions - Court of Appeals issues 2 today (and 19 NFP)

For publication opinions today (2):

In Ben and Elaine Life v. F.C. Tucker Company, Inc., et al. , a 12-page opinion, Judge Bailey writes:

Appellants-plaintiffs Ben Life and Elaine Life (“the Lifes”) appeal from the trial court's denial of their motion to correct error following its summary judgment in favor of appellees-defendants F.C. Tucker Company, Inc. (“F.C. Tucker”) and LT, Inc. d/b/a Tucker Home Link (“Home Link”) (collectively, “Tucker”). We affirm.

The Lifes raise two issues for our review, which we restate as:
I. Whether the trial court erred in striking as untimely their response to Tucker's motion for summary judgment and their attached affidavits; and
II. Whether the trial court erred in denying their motion for partial summary judgment and granting Tucker's motion for summary judgment. * * *

The trial court properly struck the Lifes' response to Tucker's motion for summary judgment and their attached affidavits. There is no genuine issue of material fact as to the claims for breach of contract and negligence. Therefore, summary judgment in Tucker's favor was warranted, and the trial court did not abuse its discretion in denying the Lifes' motion to correct error. Affirmed.

In Meridian Title Corp. v. Pilgrim Financing, LLC, a 14-page opinion, Judge Riley writes:
Appellant-Defendant, Meridian Title Corporation (Meridian), appeals the trial court's judgment in favor of Appellee-Plaintiff, Pilgrim Financing, LLC (Pilgrim), with respect to Pilgrim's claim that Meridian negligently disbursed the net proceeds from a refinancing transaction. We affirm.

Meridian raises one issue on appeal, which we restate as follows: Whether the trial court erred when it found that Meridian negligently disbursed the net closing proceeds from a refinancing transaction.

NFP civil opinions today (6):

Term. of Parent-Child Rel. of I.A., et al.; K.B. v. IDCS (NFP)

Mary Maksimik v. SLB Mobil, Inc., et al. (NFP)

Steve A. Thomas v. Phyllis A. Briggs (NFP)

Scott Wayne Mosby and Shelly M. Mosby (NFP)

Term. of Parent-Child Rel. of D.H., et al.; Y.H. v. IDCS (NFP)

R.B. v. Review Board (NFP)

NFP criminal opinions today (13):

Rodney A. Covington v. State of Indiana (NFP)

Brandon Lee Johnson v. State of Indiana (NFP)

Michael Fields v. State of Indiana (NFP)

Kendall D. McGee v. State of Indiana (NFP)

John W. Williams v. State of Indiana (NFP)

Terry Martin v. State of Indiana (NFP)

Corey Pannell v. State of Indiana (NFP)

Jonathan Grider Jr. v. State of Indiana (NFP)

John Bradley IV v. State of Indiana (NFP)

Carl Hoover v. State of Indiana (NFP)

Anahel A. Amaya v. State of Indiana (NFP)

Phillip D. Hartsough v. State of Indiana (NFP)

Gale S. Shawyer v. State of Indiana (NFP)

Posted by Marcia Oddi on April 28, 2011 10:55 AM
Posted to Ind. App.Ct. Decisions