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Friday, March 21, 2014

Ind. Decisions - Court of Appeals issues 1 today (and 10 NFP)

For publication opinions today (1):

In Nathan Wertz v. Asset Acceptance, LLC., a 17-page opinion, Judge Najam writes:

Nathan Wertz appeals the trial court’s judgment dismissing his counterclaim against Asset Acceptance, LLC (“Asset”) pursuant to Asset’s Trial Rule 12(B)(6) motion. Wertz raises six issues for our review, but we need only address the following dispositive issue: whether, under Indiana’s Uniform Consumer Credit Code (“IUCCC”), Ind. Code §§ 24-4.5-1-101 to -7-414, Asset, an out-of-state business, was required to obtain an Indiana license to collect on a debt owed by Wertz that Asset had purchased from the original lending institution. We affirm. * * *

Accordingly, because Asset is a Delaware limited liability company with its principal place of business in Michigan, and because Asset does not have a physical situs within Indiana, the IUCCC’s licensure provision does not apply to it. Because Asset was not required to obtain a license under the IUCCC, Wertz’s claims under the IDCSA and the FDCPA cannot stand as alleged. Thus, we affirm the trial court’s dismissal of Wertz’s counterclaim for failure to state a claim upon which relief can be granted.

NFP civil opinions today (3):

Brady D. Ericson and Tiffany J. Ericson v. Bloomfield State Bank (NFP)

David A. Shane v. Sheila Shane (NFP)

In the Matter of the Termination of the Parent-Child Relationship of: J.W.K., R.K., J.N.K., B.K., and J.K., Minor Children, and S.K., Mother v. Indiana Department of Child Services (NFP)

NFP criminal opinions today (7):

State of Indiana v. Stephen Floyd Smith (NFP)

Anthony Taylor v. State of Indiana (NFP)

Henry D. Hull v. State of Indiana (NFP)

Darrell Turner, Jr. v. State of Indiana (NFP)

Justin D. Coates v. State of Indiana (NFP)

Kathy Jo Hill v. State of Indiana (NFP)

Barbara Loomis v. James Loomis (NFP)

Posted by Marcia Oddi on March 21, 2014 11:56 AM
Posted to Ind. App.Ct. Decisions