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Monday, December 15, 2014

Ind. Decisions - Court of Appeals issues 1 today (and 3 NFP)

For publication opinions today (1):

In Goodrich Quality Theaters, Inc. and Roncelli, Inc. v. Fostcorp Heating and Cooling, Inc., Wilson Iron Works, Inc., et. al., a 4-page, 2-1 opinion on a petition for rehearing, Judge Robb concludes:

On rehearing, the appellees all contend that because Roncelli posted a bond to release the lien on the real estate that provided for payment of any judgment recovered “including costs and attorney’s fees allowed by the court,” Ind. Code § 32-28-3-11(b), they are entitled to recover attorney fees against the bond. Notably, none of the appellees argue Goodrich, as an owner of the property, is liable for their attorney fees. And they all agree their original claim to fees was based solely on the mechanic’s lien statute which, as we held previously, applies only to property owners. Although Roncelli’s undertaking assures payment of any judgment plus costs and fees allowed by the court, it does not give the appellees greater rights or impose greater liability on Roncelli than the underlying obligation. Because Roncelli is not an owner of the property or the structure, it is not liable for attorney fees under the mechanic’s lien statute and cannot be liable for them under the bond. We therefore re-affirm our previous decision that the trial court erred in awarding attorney fees to the appellees.

BRADFORD, J., concurs.
RILEY, J., would deny rehearing.

NFP civil opinions today (1):

Warren Lee v. Becky Lee (NFP)

NFP criminal opinions today (2):

Ryan Lady v. State of Indiana (NFP)

Yansie g. Norment v. State of Indiana (NFP)

Posted by Marcia Oddi on December 15, 2014 11:18 AM
Posted to Ind. App.Ct. Decisions