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.In Meridian Title Corp. v. Pilgrim Financing, LLC, a 14-page opinion, Judge Riley writes:
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.
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.NFP civil opinions today (6):
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 criminal opinions today (13):
Posted by Marcia Oddi on April 28, 2011 10:55 AM
Posted to Ind. App.Ct. Decisions