Friday, October 05, 2012
Ind. Decisions - Court of Appeals issues 1 today (and 4 NFP)
For publication opinions today (1):
In Heartland Crossing Foundation, Inc. v. Chris M. Dotlich , a 6-page opinion involving fees assessed by a homeowners association, Judge Bailey writes:
Here, the small claims court denied Heartland’s recovery of the $50 administrative fee after finding it was not a cost actually incurred by Heartland, was without basis, and was “nothing more than an abusive junk fee.” Additionally, the trial court denied Heartland’s recovery of additional attorneys’ fees of $795.10 and court costs after finding the attorneys’ fees and court costs were based solely on the $50 administrative fee, to which Heartland was not entitled.
The evidence most favorable to the judgment discloses that Heartland had a history of assessing repetitive and cumulative fees during each effort to collect late dues, including late fees equal to almost 33% of each dues payment, a flat-rate attorneys’ fee equal to almost 50% of each dues payment, and a $50 administrative fee. * * *
Conclusion. The evidence most favorable to the judgment supports the trial court’s conclusion that Dotlich does not owe Heartland the $50 “administrative fee,” costs, or $795.10 in attorneys’ fees. Therefore, the trial court’s judgment for Dotlich is not clearly erroneous. Affirmed.
NFP civil opinions today (2):
NFP criminal opinions today (2):
Posted by Marcia Oddi on October 5, 2012 10:59 AM
Posted to Ind. App.Ct. Decisions