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Tuesday, July 23, 2013

Ind. Decisions - Court of Appeals issues 2 today (and 6 NFP)

For publication opinions today (2):

In Kevin C. Stone v. Jennifer M. Stone, a 23-page opinion, Judge Barnes concludes:

The trial court did not err in refusing to approve the parties’ settlement agreement regarding child custody without receiving evidence regarding whether the agreement was in M.S.’s best interests, nor did it err in allowing Mother to present evidence and argue that it was not in M.S.’s best interests. We do conclude the trial court abused its discretion in denying Father’s third continuance motion and, therefore, we reverse and remand for a new hearing regarding custody of M.S. We also reverse that part of the dissolution decree ordering Father to pay $5,000 towards Mother’s attorney fees. The dissolution decree’s property division orders, as reflected in the settlement agreement, are affirmed. Affirmed in part, reversed in part, and remanded.
In Gared Holdings, LLC v. Best Bolt Products, Inc. , a 25-page opinion, including a separate concurrence), Judge Crone concludes:
We conclude that the trial court’s judgment on Gared’s claims of breach of contract and breach of the implied warranty of fitness for a particular purpose is supported by the evidence, and we affirm as to those issues. However, we conclude that the trial court erred in ruling that Best Bolt was not a merchant. We therefore remand for the trial court to determine whether Best Bolt breached the implied warranty of merchantability, and if so, whether that alters the result of Best Bolt’s counterclaim. Affirmed in part and remanded.

FRIEDLANDER, J., concurs.
ROBB, C.J., concurs with separate opinion. [which begins, at p. 24 of 25] I concur in the majority’s result with respect to Gared’s breach of contract and implied warranty of merchantability claims. I respectfully dissent, however, from the resolution of the implied warranty of fitness for a particular purpose claim.

NFP civil opinions today (3):

Dheeraj Gulati v. Twinkle Gujral (NFP)

In the Matter of the Adoption of C.A.H., minor; J.N.E. v. L.M.H. (NFP)

In The Paternity of J.P.: P.M. (Mother) v. J.P. (Father) (NFP)

NFP criminal opinions today (3):

Michael Walton v. State of Indiana (NFP)

Julio Joel Delgado v. State of Indiana (NFP)

Anthony Shockley v. State of Indiana (NFP)

Posted by Marcia Oddi on July 23, 2013 01:04 PM
Posted to Ind. App.Ct. Decisions