Wednesday, April 09, 2014
Ind. Decisions - Court of Appeals issues 3 today (and 7 NFP)
For publication opinions today (3):
In State Farm Fire & Casualty Company a/s/o Kenneth Burkhart v. H.H. Niswander , a 10-page opinion, Chief Judge Vaidik writes:
State Farm appeals the trial court’s award of attorney’s fees against it for filing a groundless lawsuit. Before the filing of its complaint against H.H. Niswander, State Farm received a report from its experts about the cause and origin of the fire involved in this case. There was no evidence in the report that H.H. Niswander was negligent or caused the fire. For two-and-a-half years, State Farm continued to litigate its claim against H.H. Niswander requiring it to incur attorney’s fees. Even after State Farm’s expert at a deposition testified that H.H. Niswander was not at fault, State Farm refused to dismiss the claim until the court dismissed it. We affirm the trial court’s dismissal and award of attorney’s fees to H.H. Niswander.In K.L. v. E.H., a 22-page, 2-1 opinion, Judge Brown writes:
K.L. (“Mother”) appeals the trial court’s order granting the petition for visitation filed by E.H., the paternal grandfather of Mother’s child. Mother raises two issues which we revise and restate as: I. Whether the trial court abused its discretion in excluding certain evidence; and II. Whether the trial court abused its discretion in granting the paternal grandfather’s petition for visitation. We affirm. * * *In In re the Order for the Payment of Attorney Fees and Reimbursement of Expenses, State of Indiana v. Jeffrey Cook, an 11-page opinion, Chief Judge Vaidik writes:
For the foregoing reasons, we affirm the trial court’s order.
BARNES, J., concurs.
ROBB, J., concurs in part and dissents in part with separate opinion.
Indiana Code section 33-37-2-4 governs the State’s liability for costs of offenses committed by inmates in state correctional facilities. Pursuant to this section, the trial court appointed both a public defender and appellate counsel for Jeffrey Cook, who stabbed to death another inmate at Pendleton Correctional Facility in Madison County, Indiana. Although the State did not contest paying Cook’s public defender $23,488.29 in attorney fees and expenses, it contested paying Cook’s appellate counsel $5232.35 in attorney fees and expenses. The State believed that Section 33-37-2-4 required the State to pay only trial costs, not appellate costs. Instead, the State believed that Madison County should pay the costs of Cook’s appeal. We, however, find that Section 33-37-2-4, which recognizes the financial burden placed on counties containing state correctional facilities, shifts that burden to the State for both trial and appellate costs. Thus, the trial court properly ordered the State to pay Cook’s appellate counsel $5232.35 in attorney fees and expenses.NFP civil opinions today (2):
NFP criminal opinions today (5):
Posted by Marcia Oddi on April 9, 2014 01:01 PM
Posted to Ind. App.Ct. Decisions