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Tuesday, May 29, 2012

Ind. Decisions - Court of Appeals issues 2 today (and 10 NFP)

For publication opinions today (2):

Jason Tye Myers v. Charles R. Deets III, Deets & Kennedy, and Great American Insurance Group is an 11-page, 2-1 opinion by Judge Najam, with Judge Riley dissenting. The issue in dispute is whether Great American is entitled to a judgment on the pleadings.

In Sisters of St. Francis Health Services, Inc. v. Eon Properties, LLC , an 18-page opinion, Judge Baker writes:

Here, a company that owns commercial property entered into a lease agreement and a series of amendments with a hospital. The amendments reduced the hospital’s space, thereby allowing a new tenant to lease that space under a separate lease and reducing the hospital’s rent obligation. However, one amendment provided that if the new tenant exercised its option to vacate after thirty-six months, then the hospital would be responsible for the new tenant’s rent for the last two years of the new tenant’s five-year lease. The new tenant exercised its option to vacate, thus triggering the hospital’s responsibility to pay the last two years of rent. The hospital disputes this, claiming that the new tenant failed to occupy the premises long enough or to properly exercise its option to vacate. We conclude that the plain intent of the parties was to allocate the risk that if the new tenant would vacate the premises early, then the property owner assumed the risk for the first three years of the five-year lease and the hospital assumed the risk for the last two years.
NFP civil opinions today (3):

James H. Privette v. Sherri E. Privette (Morris) (NFP)

Richard Clark Shockley v. Tammie Anne Shockley (NFP)

Laura L. Mosier v. Review Board of the Indiana Department of Workforce Development and Department of Health (NFP)

NFP criminal opinions today (7):

Jason B. Saunders v. State of Indiana

Philip G. Yeary v. State of Indiana (NFP)

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

Ryan Sheckles v. State of Indiana (NFP)

Damien Townsend v. State of Indiana (NFP)

Cornelio Martinez v. State of Indiana (NFP)

John R. Vicars v. State of Indiana (NFP)

Posted by Marcia Oddi on May 29, 2012 01:04 PM
Posted to Ind. App.Ct. Decisions