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Tuesday, July 17, 2012

Ind. Decisions - Court of Appeals issues 4 today (and 22 NFP)

For publication opinions today (4):

In State of Indiana Military Dept., State Armory Board of the State of Indiana, and Governor Mitch E. Daniels, Jr. v. Continental Electric Co., Inc. , a 29-page opinion, Judge Baker writes:

The State had an agreement with a general contractor for an airport construction project in Gary. There was no contract between the State and one of the subcontractors. But the trial court erroneously determined that the State had breached a contract between the State and the subcontractor. In this case, the subcontractor’s remedy for any alleged breach in these circumstances was against the general contractor.

Additionally, the trial court erred in concluding that the subcontractor was entitled to recover from the State on the basis of quantum meruit. Contrary to the subcontractor’s contention, there was no confusion in the main contract about what was—or was not—to be included in the agreement. Moreover, there has been no showing that the State unjustly retained a benefit without having paid for it.

Appellants-defendants State of Indiana Military Department, State Armory Board of the State of Indiana, and Governor Mitch E. Daniels, Jr. (collectively, Indiana Military), appeal the trial court’s judgment in favor of appellee-plaintiff Continental Electric Company, Inc. (Continental Electric), on its claim against Indiana Military for breach of contract and quantum meruit. Specifically, Indiana Military argues that the judgment must be set aside because it had paid the general contractor on a particular project in full, and that Continental Electric failed to meet the elements of a four-part test that relates to the entitlement of subcontractors to recover under the contract as a general contractor would. Moreover, Indiana Military maintains that Continental Electric failed to establish that a measurable benefit was conferred on Indiana Military and that the retention of alleged benefits without payment would be unjust.

For the reasons stated above, we conclude that the trial court erred in awarding judgment in Continental Electric’s favor. Thus, we reverse.

Anthony W. Browning v. State of Indiana

Darrell Larue Brown v. State of Indiana

Mark Gaither v. Indiana Dept. of Correction, et al.

NFP civil opinions today (10):

John Doe a/k/a mspbis123, a/k/a Stacy Palombo v. Eve Carson (NFP)

Margaret Killion v. Jarrod Kendall, d/b/a Kendall Kontracting and Jarrod Kendall (NFP)

In Re: the Paternity of T.P., R.L. and W.M. v. B.P. (NFP)

In the Matter of the Term. of the Parent-Child Rel. of K.D., K.B., and B.Y.; and N.D., D.Y., and W.B. v. Indiana Dept. of Child Services (NFP)

Garry Balthes v. Concept Industries, Inc., Composite Technologies, LLC, and Shawn Eshragh (NFP)

Omnisource Corporation v. David E. Lallow, James Niswonger, Sr., 3 Rivers Metal Recycyling, LLC and J & D Real Estate, LLC (NFP)

Term. of Parent-Child Rel. of: Jo.L. (Minor Child), and J.L. (Mother) v. The Indiana Dept. of Child Services (NFP)

Payroll Disbursement Account 2, Inc. v. Unemployment Insurance Appeals of the Indiana Dept. of Workforce Development (NFP)

Term. of Parent-Child Rel. of: O.H. & J.M. (Minor Children), and C.H. (Mother) v. The Indiana Dept. of Child Services (NFP)

In the Matter of the Term. of the Parent-Child Rel. of: E.M.R., and V.H. & M.R. v. The Indiana Dept. of Child Services (NFP)

NFP criminal opinions today (12):

Kenneth Simmons v. State of Indiana (NFP)

Jason E. Hough v. State of Indiana (NFP)

Adrian Hardy v. State of Indiana (NFP)

Timothy Matson v. State of Indiana (NFP)

Larry C. Perry, Jr. v. State of Indiana (NFP)

William M. Steele v. Daniel Callahan (NFP)

Robert Spears v. State of Indiana (NFP)

Michael Berthiaume v. State of Indiana (NFP)

Gregory Hensley v. State of Indiana (NFP)

Dellia Castile v. State of Indiana (NFP)

Erik Morales v. State of Indiana (NFP)

Tracy Hertel v. State of Indiana (NFP)

Posted by Marcia Oddi on July 17, 2012 11:29 AM
Posted to Ind. App.Ct. Decisions