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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):

Christopher Cones v. Tina (Cones) Iannotti (NFP)

Term. of Parent-Child Rel. of T.O., S.O., B.O., R.O., Z.O., E.O., & G.O. (Minor Children), and J.C. (Mother) v. The Indiana Dept. of Child Services (NFP)

NFP criminal opinions today (2):

Joseph J. Suscha v. State of Indiana (NFP)

Keith Hosea v. State of Indiana (NFP)

Posted by Marcia Oddi on October 5, 2012 10:59 AM
Posted to Ind. App.Ct. Decisions