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Friday, February 24, 2012

Ind. Decisions - Court of Appeals issues 1 today (and 9 NFP)

For publication opinions today (1):

In CFS, LLC and Charles Blackwelder v. Bank of America, Successor in Interest to LaSalle Bank Midwest National Association , a 7-page opinion, Judge Bailey writes:

[CFS appeals the Bank's foreclosure.] CFS presents a single, consolidated issue: whether summary judgment was improvidently granted. We affirm. * * *

CFS alleges that the trial court granted summary judgment only upon improperly considering new evidence submitted upon motion to correct error. * * *

Rather than a factual dispute, the trial court struggled with a legal issue: whether a successor bank surviving after merger could enforce the note and mortgage of the predecessor. * * *

In light of this authority, and the uncontroverted averments of the complaint and affidavit of debt, the trial court granted summary judgment in favor of the Bank. * * *

The Bank established that there exists no genuine issue as to a material fact and that it is entitled to judgment as a matter of law.

NFP civil opinions today (3):

Sasha Slater v. Ridinger Enterprises, Inc., d/b/a Shakamak IGA (NFP)

T.W.O. f/k/a T.L.W. v. G.A.W. (NFP)

In Re: Levi Jacob Loucks Testimonial Trust and James M. Loucks, Trustee; Angel M. Lepley v. Levi J. Loucks (NFP)

NFP criminal opinions today (6):

Undray D. Wilson v. State of Indiana (NFP)

Jeremy D. Stone v. State of Indiana (NFP)

Danny W. Ramsey v. State of Indiana (NFP)

Antoine L. Skinner v. State of Indiana (NFP)

Zachery Lewis v. State of Indiana (NFP)

Henry A. Booker v. State of Indiana (NFP)

Posted by Marcia Oddi on February 24, 2012 12:51 PM
Posted to Ind. App.Ct. Decisions