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Friday, June 20, 2014

Ind. Decisions - Court of Appeals issues 1 today (and 11 NFP)

For publication opinions today (1):

In Deca Financial Services, LLC v. Tina Gray , a 5-page opinion, Judge Bradford writes:

Appellant-Plaintiff DECA Financial Services, LLC (“DECA”) appeals the trial court’s denial of attorney’s fees as part of its small claims judgment against Appellee-Defendant Tina Gray. DECA is the assignee of debt owed by Gray to Emergency Medicine of Indiana, PC (“Emergency Medicine”) for medical services rendered while Gray was a patient at Dupont Hospital (“Dupont”). Gray incurred a separate debt to Dupont during her hospital stay. Gray also entered into an agreement with Dupont that obligated her to pay attorney’s fees incurred by Dupont in collecting its debt. DECA argues that Emergency Medicine is a third party beneficiary of this agreement and, therefore, claims DECA is entitled to attorney’s fees pursuant to the agreement’s terms. We conclude that the attorney’s fees provision of the agreement applies only to Dupont and affirm the judgment of the trial court.
NFP civil opinions today (3):

Jane Shamley v. Gordon Shamley (NFP)

Joseph B. Fowler v. Kathleen L. Fowler (NFP)

OneWest Bank, FSB v. Jason Jarvis, Natalie Jarvis, Mortgage Electronic Systems, Inc., as Nominees for American Mortgage Network, Inc., GE Money Bank, et. al. (NFP)

NFP criminal opinions today (8):

George Odongo v. State of Indiana (NFP)

Patrick McDonald v. State of Indiana (NFP)

German Espichan v. State of Indiana (NFP)

Jenni Hill v. State of Indiana (NFP)

John F. Vandevanter, Jr. v. State of Indiana (NFP)

Denon Taylor v. State of Indiana (NFP)

Charles Coleman v. State of Indiana (NFP)

Harry White, II v. State of Indiana (NFP)

Posted by Marcia Oddi on June 20, 2014 10:48 AM
Posted to Ind. App.Ct. Decisions