Tuesday, May 28, 2013
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of (5/27/13):
Thursday, May 30th
- 9:00 AM - Wells Fargo Bank, N.A. v. Neal A. Summers, et al. (02S04-1302-CP-90) - After remand following the second appeal in this case, the trial court determined the amount of a creditor's first priority lien. The Court of Appeals affirmed in part and reversed in part, holding, among other things, that the creditor's first priority lien should be reduced by the net profits of the business she operated on the property. Wells Fargo Bank, N.A. v. Summers, 974 N.E.2d 488 (Ind. Ct. App. 2012). vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This is a March 12, 2012 NFP opinion, where the COA wrote: "We find one issue dispositive, which is whether Wells Fargo's notice of appeal is untimely. We dismiss."
- 9:45 AM - CSL Community Association, Inc. v. Clarence Ray Meador (40A01-1112-MI-579) - Clarence Meador owns property in the Country Squire Lakes Community that is subject to a restrictive covenant requiring Meador to belong to a homeowners association and pay dues and assessments. Meador filed a declaratory judgment action alleging the association has failed to maintain the community and asking the court to abrogate his obligation to pay dues and assessments. The Jennings Superior Court entered judgment for Meador. A majority of the Court of Appeals reversed. See CSL Cmty. Ass'n, Inc. v. Meador, 973 N.E.2d 597 (Ind. Ct. App. 2012), trans. pending. Meador has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This is a 2-1 Aug. 13, 2012 COA opinion (4th case), where the majority concludes: "Because the evidence does not support the trial court’s conclusion that the changes in the Community were so radical that the original purpose of the Community and the deed restrictions were destroyed, the trial court erred in abrogating Meador’s obligation to pay dues and assessments. Reversed."
Next week's oral arguments before the Supreme Court (week of 6/3/13):
Thursday, June 6th
- 9:00 AM - Harold A. Fulp, Jr. v. Nancy A. Gilliland (41A01-1111-TR-530) - Ruth was the grantor, trustee, and sole lifetime beneficiary of a revocable living trust when she entered into an agreement with her son Harold to sell the main trust asset, the family farm, to Harold. Soon thereafter, Ruth resigned as trustee and Ruth’s daughter Nancy, as successor trustee, repudiated the purchase agreement. In court action that ensued, Harold sought specific performance of the agreement, among other relief. The trial court denied Harold’s request. The Court of Appeals affirmed in part and reversed in part, holding among other things that Harold is entitled to specific performance. Fulp v. Gilliland, 972 N.E.2d 955 (Ind. Ct. App. 2012), reh’g denied, trans. pending. Nancy has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: This is an August 14, 2012 COA opinion (ILB summary here, 2nd case).
- 9:45 AM - Patrick Austin v. State of Indiana (20S03-1303-CR-158) - The Elkhart Superior Court rescheduled Austin’s trial and denied his motion for discharge. Austin was later convicted of two counts of possession of cocaine. The Court of Appeals affirmed in Austin v. State, 980 N.E.2d 429 (Ind. Ct. App. 2012), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This is a Dec. 21, 2012 opinion.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 5/27/13):
- No arguments currently scheduled.
Tuesday, June 4thth [Note: moved from Tuesday, May 28th]
- 1:30 PM - The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., vs. Lax, Inc., and David Lasco ( 37A03-1207-PL-323) Lax, Inc. and David Lasco sued attorney Richard Mayer and his firm, Spangler, Jennings & Dougherty, P.C. (“SJD”), for defamation, abuse of process, malicious prosecution, tortious interference with a business relationship, and tortious interference with a contract, based on written statements made by Mayer in previous litigation; Lax and Lasco also sought punitive damages. After the lawsuit was initiated, Mayer died. Mayer’s estate and SJD subsequently moved for summary judgment. The trial court granted summary judgment to Mayer’s estate on the defamation and malicious prosecution claims but allowed those claims to proceed against SJD. It also allowed the abuse of process and tortious interference claims to proceed against the estate and SJD and allowed Lax and Lasco to continue seeking punitive damages. On appeal, SJD claims the malicious prosecution and defamation claims cannot proceed against it because of Mayer’s death. Both the estate and SJD also contend that the statements made by Mayer in the previous litigation were absolutely privileged, that there are no issues of material fact and that they are entitled to judgment as a matter of law on the abuse of process and tortious interference claims, and that Lax and Lasco cannot recover punitive damages on any claims. The Scheduled Panel Members are: Judges Najam, Bailey, and Barnes. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
The past COA webcasts which have been webcast are accessible here.
NOTE: For a printable version of this list of upcoming oral arguments, click on the date in the next line. Then select "Print" from your browser.
Posted by Marcia Oddi on May 28, 2013 08:10 AM
Posted to Upcoming Oral Arguments