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Monday, December 16, 2013

Ind. Decisions - Court of Appeals issues 1 today (and 2 NFP)

For publication opinions today (1):

In Avon Trails Homeowners Association, Inc. v. Kellie Homeier, a 13-page opinion, Judge Brown writes:

Avon Trails Homeowners Association, Inc. (“Avon Trails”) appeals from the trial court’s Order After Hearing denying its request for a preliminary injunction in favor of Kellie Homeier.1 Avon Trails raises one issue, which we revise and restate as whether the trial court erred in its interpretation of a restrictive covenant, thereby denying Avon Trails’ request for a preliminary injunction. We reverse. * * *

We begin our discussion by noting the peculiar procedural posture of this case. As highlighted above, it appears that the parties have come to an agreement about disposing of this case as expressed in their Joint Motion, but the trial court on multiple occasions refused the parties’ overtures to enter an order on the Joint Motion. Instead of accepting the proposed settlement expressed in the Joint Motion to vacate its order, enter a permanent injunction, and end any proceedings at the appellate court level, the court in its CCS entries on May 3 and July 1, 2013, opted to leave in place its interpretation of the Covenant as expressed in its Order. * * *

[T]he parties have agreed to a settlement, and indeed Homeier has relied on such agreement by opting to not challenge Avon Trails’ arguments on appeal. Recognizing both this reliance by Homeier and our conclusion that the trial court’s interpretation of the Covenant was clearly erroneous, and that, accordingly, it was error for the court to refuse to accept the parties’ Joint Motion, we remand with instructions to the court to vacate its original order and enter an order substituting the applicable language of the Joint Motion, including that Homeier agrees that the Declaration is valid and enforceable as it applies to her, that she agrees to a permanent injunction against violating the Covenant so long as it is applicable to her, and that Avon Trails waives any claim it possesses to reimbursement of its court costs and legal fees pursuant to Article 10, Section 1 of the Declaration so long as the terms of the Joint Motion are faithfully adhered to by Homeier.

NFP civil opinions today (1):

David X. Finley and Diane M. Finley v. First Federal Savings Bank and Charleston Auctioneers, Inc. (NFP)

NFP criminal opinions today (1):

Michael S. McShurley v. State of Indiana (NFP)

Posted by Marcia Oddi on December 16, 2013 02:04 PM
Posted to Ind. App.Ct. Decisions