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Monday, February 04, 2013

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

For publication opinions today (1):

In Connie S. Landers v. Wabash Center, Inc., an 11-page opinion, Sr. Judge Shepard writes:

Stephen McAninch stole over $4 million from his employer, Wabash Center, Inc., during and after his marriage to Connie Landers. After Wabash discovered the theft, it determined that Landers had received a portion of these ill-gotten gains and sued her for return of its money. The trial court entered judgment for Wabash.

Landers says the court’s decision must be reversed because Wabash’s claim is barred by the statute of limitation and because there is insufficient evidence to support the judgment. We affirm. * * *

This evidence of McAninch’s elaborate scheme and Wabash’s consistent monitoring of its financial procedures adequately supports the trial court’s conclusion that Wabash acted with ordinary diligence in managing its finances and could not have reasonably been expected to discover McAninch’s theft prior to his suicide. Within a few months after McAninch’s suicide in October 2009, the forensic accounting firm hired to determine the scope of the theft and determine what McAninch did with the money submitted a report that concluded, “[F]unds were used by McAninch to pay for personal purchases, pay personal debt, purchase a new home, and provide funds to family members including . . . Connie Landers.” Wabash filed suit against Landers in 2011, well within six years of the date Wabash discovered McAninch’s theft and transfer of funds to Landers.

We find no clear error in the trial court’s conclusion that the statute of limitation did not bar Wabash’s suit.

NFP civil opinions today (0):

NFP criminal opinions today (5):

Mohamed Sesay v. State of Indiana (NFP)

Brandon Johnson v. State of Indiana (NFP)

Eligah Thomas v. State of Indiana (NFP)

Chris Corey v. State of Indiana (NFP)

Blaine Johnson v. State of Indiana (NFP)

Posted by Marcia Oddi on February 4, 2013 02:02 PM
Posted to Ind. App.Ct. Decisions