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Friday, September 13, 2013

Ind. Decisions - Court of Appeals issues 3 today (and 3 NFP)

For publication opinions today (3):

In Von Tobel Corporation, Individually, and d/b/a Von Tobel Lumber & Hardware; and Von Tobel Lumber & Home Center, Inc. v. Chi-Tec Construction & Remodeling, Inc.; John F. Ziola, Jr.; Et Al., a 9-page opinion, Judge Kirsch concludes:

Indiana’s mechanic’s lien legislation has a “remedial purpose.” Beneficial Fin., 402 N.E.2d at 45. It is structured to give the affected homeowner notice of a potential lien early in the construction process, so the party may take measures and direct funds
accordingly. See Ind. Code § 32-28-3-1(i). Here, the property owner had notice of the potential lien early in the construction process, but failed to take appropriate measures to see that funds were properly directed.

We reverse the summary judgment entered in favor of the trust and remand with instructions to enter summary judgment in favor of Von Tobel Corporation.

Jerry A. Smith v. State of Indiana (04)

Jerry A. Smith v. State of Indiana (05)

NFP civil opinions today (1):

In the Matter of the Termination of the Parent-Child Relationship of Jo. B. & Ju. B.(Minor Children) and T. B.(Mother) v. The Indiana Department of Child Services (NFP)

NFP criminal opinions today (2):

Lamar Miller v. State of Indiana (NFP)

Charles Grieco v. State of Indiana (NFP)

Posted by Marcia Oddi on September 13, 2013 10:35 AM
Posted to Ind. App.Ct. Decisions