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Tuesday, November 20, 2012

Ind. Decisions - Court of Appeals issues 2 today (and 18 NFP)

For publication opinions today (2):

In Richard Troy Dunno v. Ronalee Rasmussen, a 9-page opinion, Judge Brown writes:

Dunno argues that the trial court improperly assessed attorney fees against him because Ind. Code § 34-26-5-9 allows for a trial court to order only a respondent to pay attorney fees. Dunno argues that “[a]llowing the trial court to award attorney fees against someone petitioning for a protective order would undoubtedly have a chilling effect and cause some victims of domestic violence to forgo making a legitimate plea for protection.” Appellant’s Brief at 7. Dunno also claims that the record does not support an attorney fee assessment under Ind. Code § 34-52-1-1(b). * * *

While Dunno failed to appear at the hearing and the court found that Rasmussen presented evidence that she was not the individual that caused Dunno to receive stitches, we cannot say that the record supports the conclusion that Dunno’s action was frivolous, unreasonable, or groundless, that Dunno continued to litigate after his claim clearly became frivolous, unreasonable, or groundless, or that he litigated the action in bad faith. Accordingly, we conclude that Dunno has made a prima facie showing that the award of attorney fees was improper. See Dorothy Edwards Realtors, Inc. v. McAdams, 525 N.E.2d 1248, 1253 (Ind. Ct. App. 1988) (concluding that appellant had made a prima facie showing on appeal that the award of attorney fees was inappropriate and should be reversed), reh’g denied.

In Cynthia L. Seleme v. JP Morgan Chase Bank, National Association, as successor by merger to Chase Home Finance, a 21-page opinion, Judge Brown writes:
Cynthia Seleme appeals the trial court’s order denying her motion for relief from judgment. Seleme raises one issue which we revise and restate as whether the court abused its discretion in denying her motion for relief from judgment following a complaint filed by Chase Home Finance LLC (“Chase”) to foreclose on her residential mortgage. We affirm.
NFP civil opinions today (8):

Todd Baker and Susan Baker v. Marathon Pipe Line, LLC (NFP)

Paulette Petkovich, et al. v. Prime Contractors Co., Inc. (NFP)

Carmel Lofts LLC and Keystone Construction Corp. v. Elbrecht Investments, LLC (NFP)

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

In the Matter of the Commitment of L.W. v. Wishard Health Services, Midtown Community Mental Health Center (NFP)

In the Matter of the Term. of the Parent-Child Rel. of J.R. and L.R.; and J.E. v. Indiana Dept. of Child Services (NFP)

Gerald E. Smith v. Ronda K. (Smith) Busch (NFP)

Edward Graveline v. Melina (Graveline) Peyovich (NFP)

NFP criminal opinions today (10):

A.M. v. State of Indiana (NFP)

Daniel R. Fuquay, Sr. v. State of Indiana (NFP)

Dennis Vermillion v. State of Indiana

Damian Ray Ramirez v. State of Indiana (NFP)

Jose Gonzalez v. State of Indiana (NFP)

Dequincy Lopez v. State of Indiana (NFP)

Ivan Calderon v. State of Indiana (NFP)

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

Dannie Engram v. State of Indiana (NFP)

Washaun Jones v. State of Indiana (NFP)

Posted by Marcia Oddi on November 20, 2012 12:49 PM
Posted to Ind. App.Ct. Decisions