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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 fundsJerry A. Smith v. State of Indiana (04)
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.
NFP civil opinions today (1):
NFP criminal opinions today (2):
Posted by Marcia Oddi on September 13, 2013 10:35 AM
Posted to Ind. App.Ct. Decisions