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Friday, May 02, 2014

Ind. Decisions - Court of Appeals issued another opinion on April 30th

Occasionally a Court of Appeals opinion is filed after the main batch is posted online, and these are easy for attorneys and others who check the list earlier in the day to miss, because they do not appear at the top of that date's list and are not otherwise distinguished. Here is one such opinion the ILB has discovered from April 30th.

In First Response Services, Inc. v. Vincent A. Cullers (Vincent A. Cullers Counterclaim Plaintiff v. First Response Services, Inc. Counterclaim Defendant), a 13-page opinion, Judge Robb writes:

First Response Services, Inc. (“First Response”) provided water remediation services for Vincent Cullers at his home and filed a complaint for breach of contract and unjust enrichment when Cullers did not pay its $7,722.43 invoice. The trial court found that First Response’s contract with Cullers violated the provisions of the Indiana Home Improvement Contract Act (“HICA”), but First Response was entitled to payment for its services in the amount of $3,780.38. Because it found a violation of the statute, however, the trial court denied First Response’s request for attorney fees pursuant to its contract. First Response appeals the trial court’s judgment, raising two issues for our review that we consolidate and restate as one: whether the trial court erred in denying attorney fees based upon its determination that First Response had violated HICA. Concluding the trial court did not err, we affirm.

Posted by Marcia Oddi on May 2, 2014 11:30 AM
Posted to Ind. App.Ct. Decisions