« Courts - Texas and Louisiana same sex marriage challenges | Main | Environment - "SB 186 would make it harder for local governments, state regulators and citizens to oppose giant CAFO operations such as the Steuben County site" »

Wednesday, February 12, 2014

Ind. Decisions - Court of Appeals issues 1 today (and 0 NFP)

For publication opinions today (1):

In Country Contractors, Inc., Stephen Songer, and Jahn Songer v. A Westside Storage of Indianapolis, Inc., a 30-page opinion, Judge Crone writes:

Country Contractors, Inc. (“Country”) entered into a contract to provide excavation services for A Westside Storage of Indianapolis, Inc. (“Westside”). Country subcontracted out a substantial portion of the work and eventually left the worksite without completing the job. Westside filed a breach of contract action against Country and its two shareholders, Stephen Songer and Jahn Songer (“the Songers”). Following a bench trial, the trial court entered judgment against Country and against the Songers personally for breach of contract and slander of title.

Country and the Songers (collectively, “Appellants”) now appeal, claiming that the trial court clearly erred in piercing the corporate veil as to the Songers and in finding in favor of Westside on its slander of title claim. They also challenge the trial court’s award of attorney’s fees and delay damages. Finding the evidence insufficient to support the trial court’s decision to pierce the corporate veil, we reverse the judgment as to the Songers. Finding the evidence sufficient to support the trial court’s conclusion that Country slandered Westside’s title, we affirm that portion of the trial court’s judgment. With respect to damages, we affirm the trial court’s award of attorney’s fees and reverse its award of delay damages. We remand for a recalculation of prejudgment interest.

NFP civil opinions today (0):

NFP criminal opinions today (0):

Posted by Marcia Oddi on February 12, 2014 10:05 AM
Posted to Ind. App.Ct. Decisions