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Monday, July 14, 2014

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

For publication opinions today (1):

In Terry Banks v. Denny Jamison, d/b/a, Automotive Hammerart, a 31-page, 2-1 opinion, Judge Mathias writes:

Terry Banks (“Banks”) appeals the trial court’s order granting partial summary judgment to Denny Jamison d/b/a Automotive HammerArt (“Jamison”) on Banks’s claims of theft, conversion, and commission of a deceptive act, which he alleged following Jamison’s foreclosure of a possessory mechanic’s lien against Banks for unpaid work done to Banks’s car. On appeal, Banks presents one issue, which we restate as whether the trial court erred by granting partial summary judgment to Jamison on Banks’s claims of theft and conversion and on one of two alleged violations of the Indiana Deceptive Consumers Sales Act based on its conclusion that Banks was collaterally estopped from challenging the validity of the mechanic’s lien. * * *

The trial court erred in concluding that Banks’s claims were barred by issue preclusion. Summary judgment in Jamison’s favor on Banks’s civil claims of theft and conversion was proper because Banks failed to demonstrate any evidence that Jamison acted with the requisite mens rea. However, Banks may proceed on his claims under the DCSA. Lastly, the underlying mechanic’s lien asserted by Jamison was not valid due to the lack of service on Banks. Affirmed in part, reversed in part, and remanded for further proceedings.

BRADFORD, J., concurs.
PYLE, J., concurs in part and dissents in part. [in a dissent beginning on p. 30 that concludes] This case is ripe for trial. The facts are so highly disputed that a jury is required to observe the facial expressions of the parties, listen to the tenor of their voices, and make a decision regarding their credibility. I believe Banks is being denied his day in court. As a result, because there is a genuine issue of material fact regarding Banks’s theft and conversion claims, I would reverse the trial court’s grant of summary judgment.

NFP civil opinions today (0):

NFP criminal opinions today (1):

Henry L. Shell, Jr. v. State of Indiana (NFP)

Posted by Marcia Oddi on July 14, 2014 12:10 PM
Posted to Ind. App.Ct. Decisions