« Ind. Decisions - "Lawsuit to clean up Indiana voter rolls can proceed" | Main | Ind. Decisions - Supreme Court issues disciplinary ruling re misuse of trust account »

Wednesday, December 12, 2012

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

For publication opinions today (1):

In Ponziano Construction Services, Inc. v. Quadri Enterprises, LLC , a 15-page opinion, Judge Bailey writes:

Ponziano Construction Services, Inc. (“Ponziano”) appeals the trial court’s decision granting partial recovery on its breach of contract claim against Quadri Enterprises, LLC (“Quadri”), denying foreclosure on its mechanic’s lien, and granting partial attorney’s fees based on its mechanic’s lien. We reverse the trial court’s award of $16,000 on the Contract and its denial of Ponziano’s request to foreclose on its mechanic’s lien; affirm the trial court’s award of $8,000 in attorney’s fees to Ponziano; and remand with instructions to the trial court to enter judgment in favor of Ponziano for $48,483.43, order sale of the property subject to the $45,549.43 lien, and determine the existence, extent, and outcome of a potential priority dispute between Ponziano and Wells Fargo.

Ponziano raises four issues for our review, which we consolidate and restate as:
I. Whether the trial court erred in awarding Ponziano only $16,000 on the April 30, 2009 contract (“the Contract”);
II. Whether the trial court erred in denying foreclosure on Ponziano’s mechanic’s lien; and
III. Whether the trial court abused its discretion in awarding Ponziano only $8,000 in attorneys’ fees. * * *

The trial court erred when it awarded Ponziano only $16,000 on the Contract, and when it denied Ponziano’s request to foreclose on its mechanic’s lien. The trial court did not abuse its discretion when it awarded Ponziano $8,000 in attorney’s fees.

NFP civil opinions today (1):

Jason Wilson v. Kelly (Wilson) Myers (NFP)

NFP criminal opinions today (3):

Christopher A. Merder v. State of Indiana (NFP)

James Fusco v. State of Indiana (NFP)

Tymon Brown v. State of Indiana (NFP)

In Earl McClendon v. State of Indiana (NFP), an 8-page opinion, Judge Riley writes:

McClendon argues on appeal that the trial court abused its discretion when it denied his motion requesting the return of his firearm. He asserts that the trial court’s decision violates I.C. § 35-47-3-2(b), which requires the trial court to return confiscated firearms following the final disposition of a cause. In response, the State argues that the trial court’s decision was proper because: (1) McClendon was convicted for the misuse of a firearm; and (2) McClendon is an alcohol abuser and is thus no longer entitled to possess the firearm. * * *

In sum, we find that the State did not prove that McClendon misused a firearm for purposes of I.C. § 35-47-3-2(b) or is an alcohol abuser for purposes of I.C. § 35-47-2-7(b). Accordingly, we conclude that the trial court abused its discretion and was instead required to return McClendon’s firearm as stated in I.C. § 35-47-3-2(b). We reverse the trial court’s decision and remand with instructions to return McClendon’s firearm.

Posted by Marcia Oddi on December 12, 2012 09:55 AM
Posted to Ind. App.Ct. Decisions