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Monday, June 25, 2012

Ind. Decisions - Court of Appeals issues 1 today (and 5 NFP)

For publication opinions today (1):

In Steven Brown v. Chris Guinn, a 9-page opinion, Judge Najam writes:

In June of 2009 Brown and Guinn contracted for Brown to take possession of Guinn’s 2003 Coronado truck (“the truck”). In addition to taking possession, Brown assumed Guinn’s monthly payments on the truck to Daimler Truck Financial. The written contract did not contain a specific term or a specific amount of payment, but it did permit either party to cancel the contract at any time. Brown had drafted the contract. * * *

Brown argues that the trial court’s denial of his Rule 41(B) motion was erroneous because Guinn had failed to produce the written contract that was the basis for his claim. According to Brown, Guinn’s failure to produce the contract required dismissal under Indiana Small Claims Rule 2(B)(4)(a) and Indiana Code Section 26-1-2.1-201(1). Brown is mistaken. * * *

In sum, we hold that the trial court did not abuse its discretion when it denied Brown’s motion for involuntary dismissal. We also hold that Brown has not demonstrated that the trial court’s findings and conclusions are clearly erroneous. As such, we affirm the court’s judgment.

NFP civil opinions today (1):

Jesse Clements v. Ralph Albers (NFP)

NFP criminal opinions today (4):

Jeremy W. Lawson v. State of Indiana (NFP)

Ryan Keith Winchester v. State of Indiana (NFP)

Casey R. Greene v. State of Indiana (NFP)

Scott W. Schwichtenberg v. State of Indiana (NFP)

Posted by Marcia Oddi on June 25, 2012 12:31 PM
Posted to Ind. App.Ct. Decisions